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CUP2016-00004 CUP2O16 - 00004 MADRONA RECOVERY CENTER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by Madrona Recovery for a ) F I N A L O R D E R conditional use permit and variance to convert an ) CUP2016-00004 & existing law office to a medical center at 6996- ) VAR2016-0004 7000 SW Vams Street in the City of Tigard, Oregon ) (Madrona Recovery Center) A. SUMMARY 1. Madrona Recovery(the"applicant")requests approval of a conditional use permit to change the use of an existing law office to what the applicant describes as a "medical center;"a secure 23-bed inpatient mental health and substance abuse disorder treatment facility serving adolescents13-17 years of age. Patients at the facility will receive treatment for 14-21 days, 24 hours a day, 7 days a week. The use is proposed in two existing buildings located on a 1.04-acre site at 6996-7000 SW Vams Street; also known as Washington County Tax Assessor's Map 2S 101 DA, Tax Lot 01900(the "site"): The site and surrounding properties are zoned C-P (Professional Commercial). 2. The applicant also requests approval of a variance to the 25-foot rear yard setback required for medical centers;the existing south building on the site is setback approximately 14 feet from the rear boundary of the site. 3. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated January 2, 2017 (the "Staff Report"),incorporated herein by reference. 4. Tigard Hearings Officer Joe Turner(the"hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in this matter. At the public hearing, City staff recommended approval of the application, subject to conditions of approval in the Staff Report. Representatives of the applicant testified in support of the application. One person testified with questions and concerns about the application. Disputed issues in this case include: a. Whether the City provided adequate notice of the proposed development; b. Whether the applicant is required to resolve the ownership of Tax Lot 2100 prior to approval of this application; c. Whether traffic impacts on the private road serving the site are relevant to the applicable approval criteria; The application originally included Tax Lots 01900 and 02100.However the applicant modified the application to remove Tax Lot 02100 prior to the hearing. d. Whether the proposed facility will have an adverse impact on the nearby daycare facility; e. Whether the proposed secure inpatient mental health and substance abuse disorder treatment facility is permitted in the C-P zone; and f. Whether a variance to the rear yard setback is required. 5. Based on the findings and discussion provided or incorporated in this final order,the hearings officer concludes that the proposed inpatient mental health, drug and alcohol treatment facility does not fall within any of the use categories listed in TDC 18.130. Therefore this application can only be approved if the applicant obtains a final planning director interpretation that the proposed use is permitted in the C-P zone, pursuant to the approval criteria in TDC 18.130.030. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on January 9,2017. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing,the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest.The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planner Gary Pagenstecher summarized the Staff Report and the proposed development. a. He noted that the applicant proposes to change the use of the site from a law office to a medical center, specifically an adolescent mental health and addiction residential treatment facility. The applicant proposed to remodel the inside of the building to accommodate the proposed residential treatment facility. Exterior changes are limited to the replacement or elimination of certain doors and windows and the installation of eight-foot high privacy fencing around portions of the site. b. There are potential issues regarding the ownership of Tax Lot 2100 and whether the application included required signatures from the correct owner(s)of this parcel. Therefore the applicant modified the application to remove Tax Lot 2100 from the application.The applicant submitted a revised site plan with development limited to Tax Lot 1900. See the January 9, 2017 email to Mr. Pagenstecher from Gretchen Stone. c. The City received a comment letter from Tualatin Valley Fire and Rescue("TVFR")requesting the applicant,among other things, install clearly visible address numbers on the site for emergency responders. He requested the hearings officer add a condition of approval to that effect. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 2 d. He testified that Mr. Bowersox is not an owner of Tax Lot 2100. 3. Architect Gretchen Stone and John Thornton, president of Madrona Recovery, testified for the applicant. a. Ms. Stone summarized the proposed change in use. The proposed use will meet all applicable standards for a medical center, with the exception of the rear yard setback requirement for the south building. The applicant requested a variance to the 25- foot rear yard setback required for medical center uses to accommodate the existing south building on the site, which is setback between 13 feet 8 inches and 14 feet 9 inches from the rear(west)property line. The buildings on the site were originally developed as office buildings, which do not require a rear yard setback. The applicant will install an eight- foot high privacy fence along the west and south boundaries of the site to provide additional screening and privacy between the site and abutting commercial properties. The applicant was unable to find any suitable alternative sites for the proposed facility. The buildings on the site have been vacant for the past three years. b. Mr. Thornton summarized the proposed treatment clinic use. The facility is not a methadone treatment facility. The facility will provide short-term mental health treatment for adolescent patients ages 13 to 17. It will not generate significant traffic. Patients will reside at the secure facility for seven to twenty-one days while receiving treatment. Patients will be provided ongoing post-discharge therapy by videoconference. Patients will not travel back and forth to the site on a daily basis. The facility and its patients will not pose a safety risk to the public.The facility will not accept sex offenders or patients with a history of violence or running away. The facility will be locked at all times and surrounded by fencing. He agreed to conditions of approval to that effect. i. Representatives of the applicant met with representatives of the Touchstone Preschool prior to purchasing the site and explained the proposed use. The Preschool did not raise any objections to the proposed use. He submitted an email summary of the proposed use that he sent to the Preschool. 4. Jeff Bowersox testified on behalf of Autonome ASR,LLC. ("Autonome"). a. He testified that Autonome owns nearby property but did not receive notice of the application or of the September 26, 2016 neighborhood meeting. Autonome may have an ownership interest in Tax Lot 2100. The applicant should be required to resolve the ownership of Tax Lot 2100 prior to final approval of this application. b. The buildings on the site have always been used for law and accounting offices. The proposed use will increase impacts on surrounding uses. There is a daycare facility serving 300 children located three buildings away. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 3 c. He argued that the proposed use is not a medical center but is actually an involuntary detention center(a jail). d. He requested that,if the facility is approved,the hearings officer include conditions of approval limiting the use of the facility consistent with the applicant's summary,prohibiting sex offenders or patients with a history of violence or running away. e. The proposed use will substantially increase the volume of traffic, which will increase wear and tear and the need for maintenance on the existing private road serving the site. The applicant failed to propose any mitigation for this impact. f. He requested the hearings officer hold the record open or continue the hearing to allow additional time to respond to the application. 5. Pursuant to Mr. Bowersox's request,the hearings officer held the record open for eight days, until 5:00 p.m. January 17,2017,to allow the public to submit additional testimony and evidence regarding the application. The hearings officer held the record open for a second week,until January 24,2017, for the applicant to submit a final argument,without any new evidence. No new evidence was received from the public during the first open record period. Therefore the applicant waived its right to submit a final argument and requested the hearings officer close the record. Pursuant to the applicant's request,the record in this case initially closed at 5:00 p.m. January 18,2017. 6. On January 23,2017 the hearings officer issued an"Order Re-Opening the Record"extending the open record period to allow the parties an opportunity to submit additional testimony and evidence regarding whether the proposed use falls within one of the"Use Categories"listed in TDC 18.130.The hearings officer re-opened the record subject to the following revised schedule: a. Until 5 P.M. on January 31,2017, for all parties to introduce new evidence and testimony regarding the apparent Code conflict noted in the Continuance Order. b. Until 5 P.M. on February 7,2017 for all parties to respond in writing to the new evidence submitted during the first open record period; and c. Until 5 P.M. on February 14, 2017, for the applicant to submit a final argument,without any new evidence. 7. The following evidence was submitted in response to the Order Re-Opening the Record: a. A letter dated January 26, 2017 from Mr. Thornton; CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 4 • b. A letter dated January 30, 2017 from Ms. Stone; c. A letter dated January 30, 2017 from the applicant's attorney, Joshua S. DeCristo; d. A letter dated January 31, 2017 from Mr. Bowersox; e. A memorandum dated January 31, 2017 from Mr. Pagenstecher; f. A letter dated February 7, 2017 from Ms. Stone; g. A letter dated February 7, 2017 from Mr. Bowersox; h. A memorandum dated February 7,2017 from Mr. Pagenstecher; and i. An email dated February 8, 2017 from Ms. Stone waiving the applicant's final argument and requesting the hearings officer close the record. 8. Pursuant to the applicant's request the record in this case closed at 5:00 p.m. on February 8, 2017. C. DISCUSSION 1. City staff recommended that the hearings officer approve the application,based on the affirmative findings and subject to conditions of approval in the Staff Report. The applicant accepted those findings and conditions without exceptions.The hearings officer adopts the findings and conclusions in the Staff Report as his own except to the extent they are inconsistent with the findings and discussion in this final order. 2. The hearings officer finds that the public had an adequate opportunity to review and respond to the proposed development, consistent with the limitations of the Code. TDC 18.390.050.0 requires the City to mail notice of public hearings to owners of property within 500 feet of the site and other specified persons at least twenty calendar days prior to the hearing,and publish notice in the newspaper and post notice on the site at least ten calendar days before a hearing. The City did these things in this case. The City mailed notice of the hearing to the to the persons listed in TDC 18.390.050.C(1)(a)on December 13,2016. (See the January 18, 2017 Affidavit of Mailing). Autonome ASR, LLC was included in the notice mailing list. (See Exhibit B of the January 18,2017 Affidavit of Mailing). The City posted a sign on the site and published notice in the Tigard Times newspaper on December 13, 2016. (See the January 18,2017 Affidavit of Posting Notice and the December 15,2016 Affidavit of Publication). This is sufficient to comply with the Code. The Code does not require that mailed notice be received by the owners; such a requirement would be impossible to enforce. Multiple forms of notice are required, in part,to provide a measure of overlap, so that if notice in one form is not effective(e.g., when a mailed notice is not received), another form of notice will be CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery center) Page 5 effective(e.g.,published or posted on the site). In addition,Autonome received actual notice of the hearing, as Mr. Bowersox appeared at the hearing on behalf of Autonome. a. It is the City's policy to require applicants schedule and attend a neighborhood meeting to summarize a proposed development prior to submitting an application. However this is not a requirement of the Code. The applicant mailed notice of a neighborhood meeting to the owners of properties within 500 feet of the site on August 12, 2016. The applicant held the neighborhood meeting on September 15,2016. The applicant mailed notice of the meeting to Autonome ASR, LLC. See the"Evidence of Neighborhood Meeting"tab in the application packet submitted on November 22, 2016. As noted above, failure to receive properly mailed notice is irrelevant. 3. The applicant modified the proposed development to exclude Tax Lot 2100 from this application. (See the site plan attached to the January 9,2017 email from Ms. Stone to Mr. Pagenstecher). Therefore there is no need to resolve the ownership of this property prior to approval of this application,because that property is no longer part of the proposed development. 4. Mr. Bowersox argued that traffic generated by the proposed facility will increase wear and tear and the need for maintenance on the existing private road serving the site. Assuming that assertion is correct,2 it is not relevant to the applicable approval criteria for this development. Use and maintenance of private roads is regulated by private easement agreements. The hearings officer and the City have no authority to interpret or enforce such private agreements. If there is no recorded agreement for maintenance of the easement,than the parties to the easement are required to share the costs of maintenance based on their proportionate use. ORS 105.175(3). 5.There is no evidence that the proposed treatment facility will have any adverse impact on the nearby daycare facility. Patients will be confined to the secure facility and will not be allowed to leave the site during their treatment.The facility will not treat patients with a history of violence or sex offenses.The applicant met with the operators of the daycare facility and they did not express any concerns with the proposed use. 6. There is a dispute about whether the proposed use is allowed in the C-P zone. The applicant and the City argue that the proposed use is a"medical center"use described in TDC 18.130.050.G. Mr. Bowersox argued that proposed use is a"detention facility" described in TDC 18.130.080.C. The hearings officer finds that the proposed use does not fall into any of the Use Categories listed in TDC 18.130,based on the plain language of the Code. 7. TDC 18.130.040.A provides: 2 There is no evidence in the record regarding the volume of traffic generated by the prior law office use or the proposed treatment facility use. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 6 Group Living. I. Characteristics: Group Living is a living facility for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring, and/or providing care, training, or treatment of residents. Large group living facilities may also be characterized by shared facilities for eating, hygiene, and/or recreation. 2. Accessory uses: Accessory uses commonly found are recreational facilities and parking. 3. Examples: Examples include dormitories; communes; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically and mentally disabled; and some residential programs for drug and alcohol treatment. 4. Exceptions: a. Does not include lodging meeting the definition of Transitional Housing, Detention Facilities, and/or Commercial Lodging. b. Does not include lodging where the residents meet the definition of Household, and where tenancy is arranged on a month-to-month basis,or for a longer period, which is classified as Household Living. a. The facility will house a group of unrelated individuals and provide staff who are responsible for supervising,managing,monitoring, and/or providing care, training,or treatment of residents. The facility will also provide shared facilities for eating,hygiene, and/or recreation. In addition,the facility will provide, in part, "residential programs for drug and alcohol treatment,"which is one of the examples of "Group Living"listed in TDC 18.130.040.A(3). However staff that provide care and treatment of the residents will not reside on the site. Therefore the facility does not fall within the definition of"Group Living"in TDC 18.130.040.A. In addition,the primary purpose of the proposed facility is to provide mental health and addiction treatment,not a "living facility." i.The hearings officer notes that TDC 18.130.040.A(3)includes, "nursing and convalescent homes"as examples of"Group Living"uses. In the hearings officer's experience, staff at such facilities generally do not reside on the site. Therefore the requirement for resident staff included in Section A.1 may be an error. However, this requirement is clearly part of the Code and cannot be ignored. 8. TDC 18.130.040.B provides: Household Living. 1. Characteristics: Household Living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month basis,or for a longer period. Uses CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 7 where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of commercial lodging or transitional housing. Apartment complexes that have accessory services such as food service,dining rooms, and housekeeping are included as Household Living if tenancy meets length of stay requirements and residents have access to facilities for individual meal preparation. The maximum number of people who may reside in any given dwelling unit shall be determined by the state building code. 2. Accessory Uses: Accessory uses commonly found are recreational activities,keeping of normal household pets,hobbies, and parking of the occupants' vehicles. Home occupation and accessory dwelling units are examples of accessory uses that are subject to additional regulations. 3. Examples: Uses include living in houses,duplexes, apartments, condominiums, retirement center apartments,manufactured housing,and other structures with self-contained dwelling units. Includes most types of senior housing,e.g.,congregate care, assisted living,if residents live in self-contained units. 4. Exceptions: a. Does not include for-profit lodging,where tenancy may be arranged for periods less than one month. Such uses are considered a hotel or motel use and are classified as commercial lodging. b. Does not include lodging meeting the definition of Transitional Housing. a. The facility will not provide month-to-month or longer tenancy and residents will not have access to facilities for individual meal preparation. Patients will reside at the facility for two to three weeks and all food service will be provided in the common dining area. (See plan sheet A3). Therefore the facility does not fall within the definition of"Household Living"in TDC 18.130.040.B. 9. TDC 18.130.040.0 provides: Transitional Housing. 1. Characteristics:Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days. 2. Accessory Uses: Accessory uses commonly found are recreational facilities,parking of autos for the occupants and staff,and parking of vehicles for the facility. 3. Examples: Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. 4. Exceptions: CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 8 a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month, which is considered a hotel or motel use and is classified as Commercial Lodging. b. Does not include residential uses meeting the definition of Group Living. c. Does not include residential uses where the residents meet the definition of Household Living. d. Does not include residential uses meeting the definition of Detention Facilities. a. The proposed facility does not meet the standard for Transitional Housing. Transitional housing is defined, in part, as "[l]iving facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days." As discussed above, the facility possesses characteristics of Group Living,i.e., staff who are responsible for supervising, managing, monitoring, and/or providing care, training, or treatment of residents and shared facilities for eating, hygiene, and/or recreation. The facility will provide residential drug and alcohol treatment, which is an explicit example of"Transitional Housing"as well as"Group Living."Patients will reside at the facility for less than 45 days. However Transitional Housing is further defined as, "[p]ublic or non-profit living facilities..." The applicant is not a public or non-profit entity. The applicant will operate the facility on a"for-profit"basis. Therefore the facility does not fall within the definition of"Transitional Housing"in TDC 18.130.040.C(1), which provides, "Transitional housing is characterized as public or non-profit living facilities..." 10. TDC 18.130. 050.G provides: Medical Centers: I. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment facilities,laboratories, surgical suites,kitchen/food service facilities; laundry,housekeeping and maintenance facilities; administrative offices and parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. 4. Exceptions: a. Medical Centers may also include freestanding offices for hospital-based and/or private practice physicians and other allied health care professionals; these medical office buildings are regulated as Offices. b. Does not include uses meeting the definition of Emergency Services. CUP2016-00004 8c VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 9 a. The facility will provide inpatient services to the sick and infirm, i.e., mental health treatment that the applicant describes as"medically necessary health care treatment"to patients residing at the facility. b. The facility is arguably"[d]eveloped in a campus setting or on multiple blocks."The facility will be housed in two separate buildings on the site. In addition, a campus setting or multi-block facility is not an explicit requirement for a Medical Center. The Code expressly provides that Medical Centers are"usually"designed to this standard. Use of the term"usually"clearly indicates that a campus setting or multi-block facility is not a requirement. c. However the facility does not qualify as a Medical Center,because it will not provide outpatient or emergency services. To qualify as a"Medical Center"the facility must provide, "[i]npatient,outpatient,and emergency ... services to the sick and infirm..."The hearings officer finds that the term"and"as used in TDC 18.130.050.G(1) has its plain,natural, and ordinary conjunctive meaning so as to require that Medical Centers include all of the listed services. As the Oregon Supreme Court held: Generally,the words'and'and 'or', as used in statutes, are not interchangeable,being strictly of a conjunctive or disjunctive nature, and their ordinary meaning will be followed if it does not render the sense of the statute dubious or circumvent the legislative intent,or unless the act itself furnishes cogent proof of the legislative error." Lommasson v. School Dist No 1,201 Or. 71, 79,261 P2d 860,adh'd to in part on rehearing, 201 Or. 90,267 p2d, 1105 (1954). In this case the term"and"was clearly used in the conjunctive sense. In order to qualify as a medical facility under TDC 18.130.050.G,the facility must provide inpatient,outpatient and emergency services. The proposed facility will not provide outpatient or emergency care.Therefore it cannot qualify as a medical facility based on the plain meaning of the words in TDC 18.130.050.G. Reading TDC 18.130 as a whole, this interpretation does not appear to render the sense of the statute dubious or circumvent the legislative intent. As discussed below,the Code appears to provide for the majority of individual medical service uses that are gathered together in the"Medical Centers" definition in other use categories in the Code. Limiting the term"and"to its usual conjunctive meaning to limit"Medical Centers"to those facilities that provide all three types of medical services does not render the Code meaningless or absurd. d. Arguments that the term"and" should be interpreted to mean the disjunctive "or"in this provision might be more persuasive if the Code did not expressly include other types of inpatient, outpatient, and related ancillary services in other use categories elsewhere in the Code. Outpatient medical facilities and other types of medical services CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 10 such as laboratories and blood collection centers are clearly included in the "Office"use described in TDC 18.130.060.L. Drug and alcohol treatment facilities are expressly included in the examples of"Group Living,""Transitional Housing,"and the exception for"Transient Housing."Nursing and convalescent homes, which may provide a type of residential inpatient treatment, are included in the "Group Living"use. Medical centers as defined by TDC 18.130.050.G combine all of these uses in a single facility, hence the use of the conjunctive term "and."In addition, ORS 174.020(2)provides that a specific provision must prevail over a general provision addressing the same issue. The examples of"Group Living," "Transitional Housing," and the exception for"Transient Housing" specifically mention residential drug, alcohol and mental health treatment facilities whereas the "Medical Centers"definition includes a wide variety of medical services with no specific mention of drug, alcohol or mental health treatment facilities. e. The only examples of"Medical Centers" listed in TDC 18.130. 050.G(3)are"[h]ospitals and medical complexes that include hospitals."The facility is not a"hospital"as that term is commonly used. f. The applicant argues that the"drug and alcohol treatment facilities" described in the Code are different from the mental health and drug and alcohol treatment facility proposed in this case; the facilities permitted as transitional housing are limited to facilities serving the homeless or previously incarcerated persons. The proposed facility is a for-profit facility serving patients from the general population. Therefore this facility can only qualify as a Medical Center. However the language of the Code does not support such a distinction. The Code lists drug and alcohol treatment facilities in two different use categories and facilities for treatment of"[p]sychiatric,alcohol,or drug problems...," as an example of a third use category. The Code clearly anticipates a variety of drug, alcohol and mental health treatment facilities, not just facilities for persons"in transition."The hearings officer must interpret the Code in context and cannot consider individual provisions in isolation. 11. TDC 18.130. 060.D provides; Commercial Lodging. 1. Characteristics: Commercial Lodging includes for-profit residential facilities where tenancy is typically less than one month. 2. Accessory uses: Accessory uses commonly found are parking, restaurants and bars, meeting and convention facilities, and recreational facilities for guests such as pools and gym. 3. Examples: Examples include hotels, motels,rooming houses, and bed-and-breakfast establishments. 4. Exceptions: a. Does not include uses meeting the definition of Group Living or Transitional Housing. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 11 a. This is the only use category that does not expressly exclude the proposed facility. The proposed facility is a for-profit residential facility where tenancy is typically less than one month. However the primary purpose of the proposed facility is to provide mental health treatment,not residential housing. In addition,the facility is clearly inconsistent with the"Commercial Lodging"examples listed in TDC 18.130.060.D(3), "hotels,motels,rooming houses,and bed-and-breakfast establishments."Therefore the facility does not fall within the definition of"Commercial Lodging"in TDC 18.130.060.D. 12. TDC 18.130.060.L provides: Office. 1. Characteristics: Office uses are characterized by activities conducted in an office setting that focus on the provision of goods and services,usually by professionals. Traditional Office uses are characterized by activities that generally focus on business, government, professional,medical,or financial services. Office uses may include activities that, while conducted in an office-like setting, are less consumer-oriented and focus on the support of off- site service personnel or in the development, testing,production, processing,packaging, or assembly of goods and products. Medical,dental, veterinary offices are out-patient clinics which provide healthcare to humans or animals, characterized by a professional or group of professionals assisted by support staff. 2. Accessory uses: Accessory uses commonly found are parking and storage facilities. 3. Examples: Examples include government offices;medical,dental, and veterinary clinics and laboratories;blood collection centers; professional offices for attorneys, architects,engineers, stockbrokers,insurance brokers, and other consultants; headquarters offices; sales offices; radio and television studios; administrative offices for painting,building, and landscaping contractors; and software development firms. 4. Exceptions: a. Offices that are part of and are located within a firm in another use category are considered accessory to the firm's primary activity. a.The facility will provide medical care to humans by a professional or group of professionals assisted by support staff. But such care is provided on an in-patient basis. Medical office uses included in TDC 18.130.060.L are limited to out-patient facilities. Therefore the facility does not fall within the definition of"Office"in TDC 18.1 30.060.L. 13. TDC 18.130. 080.0 provides: CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 12 Detention Facilities. 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. 2. Accessory uses: Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities, and hobby and manufacturing facilities. 3. Examples include prisons,jails, probation centers,juvenile detention homes, and related post incarceration and half-way houses. 4. Exceptions: a. Programs that provide care and training or treatment for psychiatric,alcohol, or drug problems,where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing. a. The applicant proposed to operate a secure facility where patients are supervised by staff and precluded from leaving prior to the end of treatment. However residence at the facility is not judicially required. Therefore the facility does not fall within the definition of"Detention Facilities"in TDC 18.130.080.C. b. TDC 18.130.080.C(4)(a)provides the following exception: Programs that provide care and training or treatment for psychiatric, alcohol,or drug problems,where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing. i. As discussed in the January 23, 2017 "Order Re-Opening the Record,"the proposed use clearly qualifies as"transient housing"as described in this exception. The express purpose of the proposed facility is to provide,"[t]reatment for psychiatric, alcohol,or drug problems, where patients are residents of the program..." Patients in the facility will be supervised by private medical staff, not police officers. Therefore, according to TDC 18.130.080.C(4)(a),the proposed use should be classified as "transient housing."However TDC 18.130.080.C(4)(a) is not a use category. It is merely an exception to the "Detention Facilities"use category. The Code does not include a "Transient Housing"use category. (A)The applicant argues that this exception is limited to, "facilities that provide judicially required treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program,but where patients are not supervised by police officers..."p 4 of Mr. DeCristo's January 30, 3017 letter(italics in original). The hearings officer disagrees with this reading. This section provides an exception to facilities for judicially required detention. The exception makes no mention of the"judicially required"provision. In addition,this exception refers to"patients,"not CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 13 "detainees,""inmates,"or"prisoners."The hearings officer finds,based on the plain meaning of the words in the Code,that the"judicially required"provision is inapplicable to this exception. (B)The applicant further argues that this exception is intended to apply to facilities operating under Oregon's Behavioral Rehabilitation Services(BRS)rules. However the applicant failed to provide any evidence demonstrating how facilities operating under the BRS rules fall into this exception and the proposed facility does not. Presumably patients of facilities operating under the BRS are there pursuant to a judicial order. However, as discussed above,judicial confinement is not required for this exception. The proposed facility is intended to provide, "[t]reatment for psychiatric, alcohol,or drug problems, where patients are residents of the program..."and patients in the facility will not be supervised by police officers. The exception does not require adjudication or any other requirements. Therefore the proposed facility appears to fall squarely within the scope of this exception. ii. Unfortunately the term"transient housing"is not used anywhere else in the Code. It appears that the term"transient housing"is a typographical error and this section was intended to use the term, "transitional housing." Such an interpretation would be consistent with the example of"transitional housing"in TDC 18.130.040.C(3), which includes,"[d]rug/alcohol treatment facilities."However the examiner has no authority to rewrite the code and correct this apparent typographical error. Weston Kia v. City of Gresham, LUBA 2014-085. Consequently the Hearings Officer cannot find that the proposed use constitutes"transitional housing"definition in TDC 18.130.040.C(3), based on the example of"transient housing"used in 18.130.080.C(4)(a). Therefore the hearings officer cannot find,based on this exception,that the proposed use qualifies as either transient or transitional housing. The use clearly qualifies as"Transient Housing" as defined in this exception. However the Code does not include a"Transient Housing" use category. 14. In order to approve this CUP application the hearings officer must find that the use complies with the CUP approval criteria in TDC I8.330.030.A. The hearings officer finds that the application complies with TDC 18.330.030.A(1),(2),(3),(5)and (6),based on the affirmative findings in the Staff Report.The hearings officer adopts those findings as his own. 15. The hearings officer cannot find that the application complies with TDC 18.330.030.A(4),"The applicable requirements of the zoning district are met except as modified by this chapter."The site is zoned C-P.TDC Table 18.520-1 lists the uses that are permitted,restricted, conditional,or prohibited in the C-P zoning district. Uses are listed in the table based on the use categories set out in TDC 18.130. As discussed above, the proposed inpatient mental health and substance abuse disorder treatment facility does not fall into any of the listed use categories. Therefore the hearings officer cannot find that the proposed use complies with the requirements of the C-P zone and that the requirements of the C-P zone are met. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 14 16. TDC 18.130.030 gives the director exclusive authority to interpret the Code to determine whether an omitted or unanticipated use would have been permitted in a zoning district if the use had been contemplated, based on the approval criteria in TDC 18.130.030.0 and the procedures in TDC 18.340. If the applicant obtains a final planning director determination that the proposed use is permitted in the C-P zone, this CUP can be approved. Therefore the hearings officer can approve this CUP application subject to a condition of approval requiring a final planning director interpretation that the proposed use is allowed in the C-P zone. a. TDC 18.340.020.D requires the director mail notice of an interpretation decision, "Rio the person requesting the interpretation and any other person that has specifically requested a copy of such interpretation."Appeals of the director's interpretation are limited to the applicant and any party who received notice or participated in the interpretation process. TDC 18.340.020.E. The question subject to interpretation, whether the proposed inpatient mental health and substance abuse disorder treatment facility is allowed in the C-P zone, was the primary issue in this case. Therefore the hearings officer finds that the director should be required to mail notice of the interpretation to all persons who testified orally or in writing regarding this CUP application. 17. The City argued that denial of this application may constitute a violation of the federal Fair Housing Act (the"FHA"). The City cites to a prior case where Cascadia Behavioral HealthCare Inc. ("Cascadia")proposed a transitional housing use in the R-4.5 zone. Transitional housing was not allowed in the R-4.5 zone. The FHA required the City to grant a reasonable accommodation to allow the use in the R-4.5 zone. The hearings officer understands the City's concerns. However the hearings officer has no authority to implement or interpret the FHA. The hearings officer's authority is limited to implementation and interpretation of the Tigard Development Code. In addition,this case appears significantly different from the Cascadia decision cited by the City. The Cascadia decision involved a residential treatment facility proposed in a residential zone(R-4.5) where housing is a permitted use. This case involves a residential treatment facility proposed in a commercial zone where housing is generally prohibited.3 Therefore the FHA may be inapplicable in this case. 18. The applicant testified that the facility will not provide treatment of patients with a history of sex offense,violence,or running away. A condition of approval is warranted to that effect. 19. The applicant requested a variance to the rear yard setback requirements for medical centers. As discussed above,the proposed use does not constitute a"medical 3 Residential development at a minimum density of 32 units/acre is permitted in conjunction with commercial development on C-P zone land in the Tigard Triangle and Bull Mountain Road Districts.TDC 18.520.020.D. CCP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 15 center" as defined by TDC 18.130..050.G. The proposed use complies with the standard setbacks for permitted uses in the C-P zone. Therefore the variance request may be moot. However the director could presumably interpret the proposed use to be similar to the medical center use and therefore subject to the medical center setbacks. The hearings officer finds that,to the extent this facility is subject to the medical center setbacks it complies with the approval criteria for a variance from those setbacks,based on the findings in the Staff Report. D.CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the proposed inpatient mental health,drug and alcohol treatment facility does not fall within any of the use categories listed in TDC 18.130. Therefore this application can only be approved if the applicant obtains a final planning director interpretation that the proposed use is permitted in the C-P zone,pursuant to the approval criteria in TDC 18.130.030. E.DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter,the hearings officer hereby approves CUP2016-00004 &VAR2016-0004(Madrona Recovery Center) subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK,INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: 1. The applicant shall apply for and obtain final approval of a director interpretation that the proposed inpatient mental health,drug and alcohol treatment facility is permitted in the C-P zone,based on the approval criteria in TDC 18.130.030.C. a. The director shall mail notice of the interpretation to all persons who testified orally or in writing regarding this CUP application. 2. The applicant shall prepare a cover letter and submit it,along with any supporting documents and/or plans that address each of the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher,503-718-2434.The cover letter shall clearly identify where in the submittal the required information is found: a. Prior to site work,the applicant shall provide a fee in the amount of$518 for the city's cost of collecting and processing the inventory data for the entire urban forestry plan of 14 existing retained trees, $154.00 first tree+ $364.00($28 each additional x 13)=$518. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 16 h. The applicant shall submit a service provider letter from Pride Disposal verifying the existing enclosure is adequate for the proposed medical center use and accessible for service. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: 2. The applicant shall contact the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher 503-718-2434. a. The applicant shall call for a final planning inspection to ensure the project was completed as shown on the approved plan. h. The applicant shall install clearly visible address numbers on the site for emergency responders. THE APPLICANT SHALL OPERATE THE FACILITY CONSISTENT WITH THE FOLLOWING CONDITIONS: 3. The facility shall not provide treatment of patients with a history of sex offense, violence, or running away. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this 3 day of February 2017. i(;A• Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2016-00004 8c f.4R2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 17 Gary Pagenstecher To: Jeffrey Bowersox (Jeffrey@bowersoxlaw.com); Gretchen Stone (gretchen@cbtwoarchitects.com); Larry Bricker (lbricker@apmportland.com);John Thornton (johntfuture@gmail.com); devisser@wclib.org Cc: Joe Turner (jtpc@frontier.com); Doreen Laughlin; Tom McGuire Subject: FW: Madrona Recovery Center Order Reopening the Record Attachments: CUP2016-04(MadronaRecoveryCtr)ReopenRec.doc Interested Parties in the Madrona Recovery Center application for a Conditional Use (CUP2016-00004/VAR2016-00004): Please find the attached Continuance Order from the Hearings Officer,Joe Turner. In summary, Mr.Turner has reopened the record to allow additional testimony by all parties to comment on whether the use category"medical center" or"transitional housing" is most consistent with the proposed use. The hearing schedule is included in the Order and begins with a January 31, 2017 deadline for initial testimony on this code interpretation issue. Please send any additional testimony to my attention. Thank you, Gary Gary Pagenstecher,AICP CUD Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-718-2434 Fax: 503-718-2748 Email:garyp@tigard-or.gov Original Message From:Joe Turner [mailto:jtpc@frontier.com] Sent: Sunday,January 22, 2017 9:28 PM To: Gary Pagenstecher Subject: Madrona Recovery Center Order Reopening the Record Gary, for the reasons discussed in the attached order, I am reopening the record in this case for the limited purpose of addressing the interpretation issue of whether the proposed use is a "medical center" as defined by TDC18.130.050.G or"transitional housing" as defined by TDC 18.130.040.C. Please issue the attached order as soon as possible and send it to all relevant parties. I will be out of the office tomorrow. If you need to contact me,feel free to call my cell phone: 503-351-2512. Thanks Joe 1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Madrona Recovery for a ) ORDER RE-OPENING conditional use permit and variance to convert an ) THE RECORD existing law office to a medical center at 6996- ) CUP2016-04 & VAR2016-04 7000 SW Varns Street in the City of Tigard, Oregon ) (Madrona Recovery Center) A. SUMMARY 1. Madrona Recovery(the "applicant")requests approval of a conditional use permit to change the use of an existing law office to what the applicant and City staff describe as a"medical center;" a secure 23-bed inpatient mental health and substance use disorder treatment facility serving adolescents13-17 years of age. The facility will operate 24/7 and patients will receive care for 14-21 days. The use is proposed in two existing buildings located on a 1.04-acre site at 6996-7000 SW Varns Street; also known as Washington County Tax Assessor's Map 2S101DA, Tax Lot 01900 (the "site").' The site and surrounding properties are zoned C-P (Professional Commercial). 2. The applicant also requests approval of a variance to the 25-foot rear yard setback required for medical centers; the existing south building on the site is setback approximately 14 feet from the rear boundary of the site. 3. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated January 2, 2017 (the "Staff Report"), incorporated herein by reference. 4. Tigard Hearings Officer Joe Turner(the "hearings officer") conducted a public hearing about the application on January 9, 2017. At the conclusion of the public hearing, the hearings officer ordered the record held open for eight days,until 5:00 p.m. January 17, 2017, to allow the public to submit additional testimony and evidence regarding the application. The hearings officer held the record open for a second week,until January 24, 2017, for the applicant to submit a final argument, without any new evidence. No new evidence was received from the public during the first open record period. Therefore the applicant waived its right to submit a final argument and requested the hearings officer close the record. Pursuant to the applicant's request,the record in this case closed at 5:00 p.m. January18, 2017. 5. In writing the decision, the hearings officer noted a potential conflict in the language of the Code that was not directly raised by any of the parties; specifically whether the proposed use is best characterized as a"medical center" as defined by TDC18.130.050.G or as "transitional housing" as defined by TDC 18.130.040.C. 1 The application originally included Tax Lots 01900 and 02100.However the applicant modified the application to remove Tax Lot 02100 prior to the hearing. Therefore the hearings officer is reopening the record for the limited purpose of allowing the parties an opportunity to submit additional argument and evidence about this Code interpretation issue. a. Under TDC 18.390.050, every party is entitled to an opportunity to be heard and present and rebut evidence. TDC 18.390.050.D authorizes the hearings officer to consider and grant or deny requests to hold open the record.Nothing in the TDC precludes reopening the record after the public hearing, provided all parties have an opportunity to respond in writing to any new evidence that is introduced. b. The hearings officer finds that reopening the open record period is warranted to serve the interests of a full and fair understanding of the relevant law and is the most efficient way of reaching a final resolution on the merits,provided the process affords all parties a meaningful opportunity to respond to the new evidence. B. DISCUSSION 1. There is a dispute about which"Use Category"best describes the proposed facility. The applicant proposed to establish and operate a secure inpatient mental health and substance use disorder treatment facility on the site. TDC 18.130 classifies land uses and activities into use categories on the basis of common functional,product, or physical characteristics including: a. TDC18.130.050.G Medical Centers: 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry,housekeeping and maintenance facilities; administrative offices and parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. 4. Exceptions: a. Medical Centers may also include freestanding offices for hospital-based and/or private practice physicians and other allied health care professionals; these medical office buildings are regulated as Offices. b. Does not include uses meeting the definition of Emergency Services. b. 18.130.080.C. Detention Facilities. CUP2016-00004& VAR2016-0004 Hearings Officer Order Re-Opening the Record (Madrona Recovery Center) Page 2 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. 2. Accessory uses: Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities, and hobby and manufacturing facilities. 3. Examples include prisons,jails,probation centers,juvenile detention homes, and related post incarceration and half-way houses. 4. Exceptions: a. Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing. c. The following "Residential Use Types" in 18.130.040: A. Group Living. 1. Characteristics: Group Living is a living facility for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring, and/or providing care, training, or treatment of residents. Large group living facilities may also be characterized by shared facilities for eating, hygiene, and/or recreation. 2. Accessory uses: Accessory uses commonly found are recreational facilities and parking. 3. Examples: Examples include dormitories; communes; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically and mentally disabled; and some residential programs for drug and alcohol treatment. 4. Exceptions: a. Does not include lodging meeting the definition of Transitional Housing, Detention Facilities, and/or Commercial Lodging. b. Does not include lodging where the residents meet the definition of Household, and where tenancy is arranged on a month-to-month basis, or for a longer period, which is classified as Household Living. B. Household Living. 1. Characteristics: Household Living is characterized by the residential occupancy of a dwelling unit by a household. CUP2016-00004& VAR2016-0004 Hearings Officer Order Re-Opening the Record (Madrona Recovery Center) Page 3 Tenancy is arranged on a month-to-month basis, or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of commercial lodging or transitional housing. Apartment complexes that have accessory services such as food service, dining rooms, and housekeeping are included as of accessory uses that are subject to additional regulations. 3. Examples: Uses include living in houses, duplexes, apartments, condominiums, retirement center apartments, manufactured housing, and other structures with self- contained dwelling units. Includes most types of senior housing, e.g., congregate care, assisted living, if residents live in self-contained units. 4. Exceptions: a. Does not include for-profit lodging, where tenancy may be arranged for periods less than one month. Such uses are considered a hotel or motel use and are classified as commercial lodging. b. Does not include lodging meeting the definition of Transitional Housing. B. Transitional Housing. 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days. 2. Accessory Uses: Accessory uses commonly found are recreational facilities,parking of autos for the occupants and staff, and parking of vehicles for the facility. 3. Examples: Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. 4. Exceptions: a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month, which is considered a hotel or motel use and is classified as Commercial Lodging b. Does not include residential uses meeting the definition of Group Living. c. Does not include residential uses where the residents meet the definition of Household Living. d. Does not include residential uses meeting the definition of Detention Facilities. CUP2016-00004& VAR2016-0004 Hearings Officer Order Re-Opening the Record (Madrona Recovery Center) Page 4 2. The Hearings Officer finds that the proposed use clearly qualifies as "transient housing,"which 18.130.080.C(4)(a) describes as, "Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing."Unfortunately this section is the only place in the Code where the term"transient housing" is used. It appears that the term"transient housing" in this section is a typographical error and this section was intended to use the term, "transitional housing." Such an interpretation would be consistent with the example of "transitional housing" definition in TDC 18.130.040.C(3), which includes, "[d]rug/alcohol treatment facilities."However the examiner has no authority to rewrite the code and correct this apparent typographical error. Weston Kia v. City of Gresham, LUBA 2014-085. Therefore the Hearings Officer cannot find that the proposed use constitutes "transitional housing"definition in TDC 18.130.040.C(3),based on the example of"transient housing"used in 18.130.080.C(4)(a). 3. The applicant and the City argue that the proposed facility is a"Medical Center" as defined by TDC 18.130.050.G. The hearings officer finds that the proposed use includes some of the characteristics of Medical Centers. Specifically the facility will provide. "[inpatient... services to the [mentally] sick and infirm..."and the facility will include several of the accessory uses listed in TDC 18.130.050.G(2), including treatment facilities, kitchen/food service facilities, laundry,housekeeping and maintenance facilities, administrative offices, and parking. But, "drug/alcohol treatment facilities," one of the types of mental health treatment the applicant proposed to provide at this facility, are listed as an example"transient housing" as defined by TDC 18.130.040.C. 4. However the proposed use does not all of the characteristics of"transitional housing." Specifically, the facility is not a public or non-profit facility. It is unclear whether the use includes other characteristics of"transitional housing:" a. The facility will provide inpatient residential treatment, which could be interpreted as"living facilities," for groups of unrelated individuals (patients receiving treatment); b. Patients will reside at the facility and receive treatment for less than 45 days. However it is unclear whether a period of inpatient residential treatment constitutes a"tenancy"as that term is used in TDC 18.130.040.C. c. The use includes some characteristics of Group Living as defined by TDC 18.130.040.A: i. The facility will provide living facilities for groups of unrelated individuals (patients receiving treatment); CUP2016-00004& VAR2016-0004 Hearings Officer Order Re-Opening the Record (Madrona Recovery Center) Page 5 ii. There will be persons on the site who are responsible for supervising, managing,monitoring, and/or providing care, training, or treatment of residents. However these persons will not reside on the site; and iii. The facility will be characterized by shared facilities for eating, hygiene, and/or recreation. d. The facility does not meet the definition of Household Living in TDC 18.130.040.B, because the facility will not house patients on a month-to-month basis, or for a longer period. e:Because the proposed facility does not include all the characteristics of "transitional housing,"the Hearings Officer cannot make a conclusive determination that the proposed use constitutes"transitional housing." Therefore the Hearings Officer must interpret the Code to determine which of the listed Use Categories is most consistent with the proposed use. 5. This Code interpretation issue was not addressed in the application or at the hearing. Transitional Housing is prohibited in the C-P zone. See TDC Table 18.520.1. Therefore the hearings officer finds that reopening the record to allow the parties to address this issue is necessary to serve the interests of a full and fair understanding of the relevant law and afford the public a meaningful opportunity to comment. C. ORDER 1. The hearings officer orders the public record to be held open in the matter of CUP2016-04 &VAR2016-04 (Madrona Recovery Center), subject to the following schedule: a. The record is hereby ordered open until 5 P.M., Tuesday, January 31, 2017 for the limited purpose of allowing all parties to submit additional testimony and evidence regarding the apparent Code conflict noted in this Continuance Order; b. The record is hereby ordered open until 5 P.M., Tuesday, February 7, 2017 for all parties to respond to the testimony and evidence submitted during the first week; and c. The record is hereby ordered open until 5 P.M., Tuesday, February,?;'. 2017 for the applicant to submit a final argument, without any new evidence. The applicant can waive or reduce the final open record period by submitting a written request to close the record. The hearings officer will close the record upon receipt of such a request. 2. All submittals must be in writing and must be received by the City by 5 P.M. on the relevant closing date. CUP2016-00004& VAR2016-0004 Hearings Officer Order Re-Opening the Record (Madrona Recovery Center) Page 6 3. As soon as practicable, the City shall mail a copy of this Order to all persons who are parties in this matter. 4. The hearings officer will issue a written final order by February 28, 2017. DATED this—day of January 2017. i.4,,. c.':-''moi Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2016-00004& VAR2016-0004 Hearings Officer Order Re-Opening the Record (Madrona Recovery Center) Page 7 MEETING RECORDS 120 DAYS (with 14-day extension) = 4/10/2017 DATE OF FILING: 4/6/2017 a DATE MAILED: 4/10/2017 _ CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF RESOLUTION NO. 2017-20 BY CITY COUNCIL Case Number: HEARINGS OFFICER FINAL ORDER CUP 2016-00004.VAR 2016-00004; and CITY COUNCIL RESOLUTION NO.17-20 Case Name: MADRONA RECOVERY CENTER Applicant's Name/Address: Madrona Recovery, Attn: John Thornton, 500 Liberty Street SE, Suite 100, Salem, OR 97301 Owner's Name/Address: Nelson Vial,LLC, 17355 SW Boones Ferry Rd.,Suite A,Lake Oswego, OR 97035 Address of Property: 6996-7000 SW Varns Street,Tigard,OR; Tax Map/Lot Nos.: Washington County Tax Map 2S101DA,Tax Lot 01900 A RESOLUTION AND FINAL ORDER APPROVING THE MEDICAL CENTER USE IN THE PROFESSIONAL COMMERCIAL (C-P) ZONE, ADOPTING SUPPLEMENTAL FINDINGS IN SUPPORT OF COUNCIL'S DETERMINATION, AND DENYING THE APPEAL OF THE HEARINGS OFFICER'S FINAL ORDER NO. CUP2016-00004/VAR2016- 00004. THE TIGARD CITY COUNCIL BASED ITS DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS IN THE HEARINGS OFFICER FINAL ORDER, EXCPET INSOFAR AS THE HEARINGS OFFICER CONCLUDED THE PROPOSED FACILITY WAS NOT A MEDICAL CENTER, THE APPLICANT'S NARRATIVE AND PLAN SET, TESTIMONY AT THE JANUARY 9, 2017 HEARINGS OFFICER HEARING, AND THE TESTIMONY AND AMENDED FINDINGS AT THE APRIL 4,2017 CITY COUNCIL HEARING ON APPEAL. Request: ➢ The applicant requests a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. Zone: C-P:professional/administrative commercial district. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Action: ➢ 0 Approval as Requested Approval with Conditions X Denial of Appeal Notice: Notice was published in the newspaper and mailed to: ® Owners of Record within the Required Distance © Affected Government Agencies ® Interested Parties ® The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON APRIL 4,2017 AND BECOMES EFFECTIVE ON APRIL 4,2017 UNLESS AN APPEAL IS FILED. The adopted findings of fact,decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent to appeal with the Oregon Land Use Board of Appeals(LUBA) according to their procedures within 21 days from the date of mailing this Notice of Final Order(April 10, 2017),by May 1,2017. Questions: If you have any questions,please call the City of Tigard Planning Division at (503) 718-2434. CITY OF TIGARD,OREGON TIGARD CITYCOUNCIL RESOLUTION NO. 17-,20 A RESOLUTION AND FINAL ORDER APPROVING THE MEDICAL CENTER USE IN THE PROFESSIONAL COMMERCIAL (C-P) ZONE, ADOPTING SUPPT FMENTAL FINDINGS IN SUPPORT OF COUNCIL'S DETERMINATION, AND DENYING THE APPEAL OF GTH4 HEARINGS Ol ICER'S FINAL ORDER NO.CUP2016-00004/VAR2016-00004. WHEREAS, The Hearings Officer initially reviewed this case at a public hearing January 9, 2017 and kept the record open for additional testimony by the applicant and the City on the question of the "medical center"use classification;and WHEREAS, The Hearings Officer issued a Final Order No. CUP2016-00004/VAR2016-00004 approving the application with a condition requiring the applicant to obtain a Director's Interpretation approving the proposed use as permitted in the C-P zone;and WHEREAS, Staff mailed notice of Final Order CUP2016-00004/VAR2016-0004 to interested parties on February 13,2017. WHEREAS, the Appellant,Autonome ASR,LLC,by Jeffrey Bowersox,having standing to appeal,timely filed a Notice of Appeal on February 27,2017;and WHEREAS, City Council held a public hearing on the appeal on March 28, 2017,which was continued at the request of the Appellant to April 4,2017;and WHEREAS, City Council concluded at the April 4, 2017 hearing that the proposed "medical center" use is permitted in the C-P zone,addressed the substantive traffic issue on appeal,and denied the appeal. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that SECTION 1: The Tigard City Council denies the Autonome appeal of Madrona Recovery Center, CUP2016-00004/VAR2016-00004. SECTION 2: The City Council adopts the Hearings Officer's Final Order,except insofar as the Hearings Officer concluded the proposed facility was not a medical center. Council finds the proposed facility is most closely described in Code as a medical center and is a permitted use in the C-P zone. Council further adopts the supplemental findings attached hereto as RYhibit A and incorporated herein by this reference. SECTION 3: This resolution is effective immediately upon passage. PASSED: This L'.6- day of 2017. % 41 b. Mayor City of Tigard ATTEST: Kelly Burgoyne,Deputy City Recorder RESOLUTION NO. 17,R Page 1 EXHIBIT Acx uc Z .; Zoee Lynn Powers zpowers@radlerwhite.com L LI j- 971-634-0215 Q March 21,2017 k I Tigard City Council 13125 SW Hall Blvd. CL Tigard,OR 97223 RE: Madrona Recovery Center(CUP2016-00004&VAR2016-0004) OL Mayor and Councilors: ± ! Madrona Recovery("Madrona")seeks approval of a Conditional Use Permit changing the use of tY i an existing commercial office complex to a medical center—specifically an adolescent mental health and substance use disorder treatment facility—at 6996-7000 SW Varns Street.The proposal is for an adaptive reuse and interior remodeling of properties that have been vacant for three years,under application numbers CUP2016-00004&VAR2016-0004.The facility is designed to provide high-quality, - short-term,trauma-informed care to stabilize youth in crisis and work with the youth and their families to bridge care from an emergency,to inpatient care at the property,and finally to ongoing outpatient • support.The Hearings Officer approved the Conditional Use Permit("CUP")application in a Final Order dated February 13,2017,subject to conditions. _ 1. Madrona is a Medical Center Type Use The CUP process is designed to analyze the site suitability and impacts of the proposed use on the neighborhood and public facilities.TDC 18330.030.A.In this case,the Hearings Officer did that analysis,followed the CUP process,meticulously examined this proposed use and its minimal off-site impacts,and,after consideration of those factors,approved the CUP. The reason we are in front of City Council now is that the Hearings Officer had questions about classifying Madrona as a"Medical Center"use and,because of his uncertainty,he requested another review to make that classification decision.We ask that City Council agree with the planning staffs interpretation of the code that this is a"Medical Center"type use for the following reasons. Under the code,a"Medical Center"use has the"characteristics"of"providing inpatient, outpatient,and emergency and related ancillary services to the sick and infirm[.]"TDC 18.130.050.G.1. The listed"characteristics"of a use in the code,of course,cannot cover every possible use.Rather, "[u]ses are assigned to the category whose description most closely describes the nature of the primary use."TDC 18.130.015.A.1. The Hearings Officer felt uncomfortable being the final decision-maker that classified Madrona Recovery as a Medical Center use.The Hearings Officer conditioned the approved CUP on Madrona seeking a Director's Interpretation to place the proposed use in the"Medical Center"category.That {00650107;31 Tigard City Council IaG March 21,2017 to Page 2 Z X Director's Interpretation process, however,is for"omitted"uses that were "unanticipated"or "unintentional[ly]omi[ted]."For example,if the code had been written before the Internet,an internet Q café use would have been unintentionally omitted because that category of uses simply had not existed before. u7 In this case,there is an existing use category with characteristics that"most closely describe[] the nature of the primary use":Medical Center.As noted,a"Medical Center"use has the CL "characteristics"of"providing inpatient,outpatient,and emergency and related ancillary services to the H sick and infirm[.]"Madrona Recovery will do all these things for its patients. = I First,as with any medical center,most patients and their families will come to Madrona in an emergency situation stemming from a mental health or substance abuse emergency.See"Emergency" to Webster's Third New International Dictionary,Unabridged,Web:19 Mar 2017("an unforeseen combination of circumstances or the resulting state that calls for immediate action").Madrona's written a ! admission criteria clearly articulates the emergent nature of the conditions it treats.For example,a child would be a candidate for admission if they presented with suicidal ideation,self-endangering behavior, substance abuse,or an inability to maintain adequate nutrition or self-care. Madrona triages and addresses immediate safety needs of these patients,such as by medicating for detoxification, monitoring for signs of withdrawal,and providing emergency counseling services and constant monitoring. Second, Madrona will provide short-term inpatient treatment to stabilize patients.Therapists, counselors,a nursing team,and a psychiatrist will provide care 24 hours a day,seven days a week, generally for 14 to 21 days depending on the patient's needs. Patients undergo a psychiatric evaluation, a thorough history and physical,a nursing assessment and laboratory tests,a chemical dependency assessment,a nutritional assessment,and other evaluations.As problems are Identified,their treatment needs are prioritized,and strategic interventions are implemented. Third,Madrona helps its patients to successfully transition from its structured inpatient program to outpatient supports and services in their home communities.This outpatient service provides the continuity of care that patients critically need to maintain the gains they have achieved during their inpatient stay.Utilizing advanced telemedicine technologies,patients and their families are provided ongoing therapy from their counselor at Madrona via secure video-conferencing,an approach which increases patient chances of continued treatment success and reduces traffic to and from the site. Finally,Madrona will provide"ancillary services,"including administrative services,kitchen and dining services,housekeeping and maintenance,as well as fitness and activity programing. Madrona frequently describes their services as a"bridge"that allows patients and their families to move from crisis situations,through an intensive impatient program,into a supported outpatient treatment,and ultimately back to leading healthy full lives.Just as a patient with a broken leg may initially go to urgent care for emergency services and then have a period of inpatient treatment for surgery with outpatient follow up,these mental health and substance abuse disorder patients follow a similar path to recovery through Madrona. {00650107;3} Tigard City Council March 21,2017 W Page 3 Q,m Z " The Tigard Planning Staff came to the same conclusion:"The City believes that the proposed -`- recovery center is characterized as Medical Center. ..."Gary Pagenstecher,Associate Planner,City of Q`~ Tigard Memorandum:Request from the Hearings Officer for a Use Category interpretation for the Madrona Recovery Center Conditional Use(January 31,2017). If City Council cannot conclude today that tR! this is a Medical Center within the meaning of the code,Madrona can obtain a Director's Interpretation Ypt formalizing the opinion of the Planning Staff. CLII. Autonome ASR,LLC's Appeal Autonome ASR,LLC("Autonome")is the property holding entity on the site next to the proposed use,and the only neighbor who has objected to Madrona's proposed medical center. Cie The majority of Autonome's arguments—that the Hearings Officer needed to decide this was a Q Medical Center use and that he could not defer the issue to a Director's Interpretation—are not correct because the City Council has the authority to make the use interpretation in this appeal.TDC 18.930.050.City Council will take testimony and evidence on the issue of the correct use,possibly including evidence not presented to the Hearings Officer,and will make a decision on the CUP application. In fact,rather than the code conferring on the Hearings Officer"exclusive jurisdiction"to decide on a conditional use,as Autonome asserts,the definition of"conditional use"provides for an"approval authority"to make the decision following a public hearing,and an"approval authority"can be"either the director,the initial hearing body,or the council,depending on the context. .. ."TDC 18.120.030.22. The context here is the appeal of a Type III procedure,and City Council is empowered to decide that this is a Medical Center use and finalize the approval of the CUP. Although irrelevant at the City Council level,it merits mentioning that Autonome seems to have missed important code sections when it states that a Director's Interpretation would mean"Autonome will have no local appeal rights."Chapter 18.340,titled"Director's Interpretations,"provides that"[t]he applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the director's Interpretation to the city council within 14 days...."TDC 18.340.020.The notice of appeal is pursuant to TDC 18.390.040.G.2,exactly the same as the procedure to appeal that Autonome used to file the present appeal to council. Finally,it is unclear why Autonome believes Madrona did not provide the required impact analysis for the CUP application.As part of the Type III procedure for initial CUP applications under TDC 18.330.020.A,Madrona submitted the required Impact study"quantify[ing]the effect of the development on public facilities and services."TDC 18.390.050.6.2.e.If Madrona had not submitted this paperwork,the application would not have been accepted as complete.The Impact Study and Traffic Impact Statement are attached as Exhibit A for convenience.Autonome states that Madrona never analyzed"the additional traffic impact this facility will create"—when,in fact,the attached Traffic Impact Statement concluded that the current general office use would produce 120 trips per day and the new,proposed use would produce only 62 trips per day.The Staff Report,dated January 2,2017, { shows that"the City's Engineering review did not identify any outstanding public facility capacity issues {00650107;3} • Tigard City Council March 21,2017 rot ISA Page 4 Z with the fully developed site[and that)there is adequate capadty in the public facilities that serve the site."Staff Report,p.5. Ill. Conclusion Madrona asks that City Council classify its proposed use as a Medical Center and finalize the approval of the Conditional Use Permit for 6996-7000 SW Varns Street. Lis I fiC Sincerely, Lai 1:3 l ee Powers 1 100650 0 ,7;3 } EXHIBIT A impact Study and Traffic Impact Statement Traffic Impact Statement 6996 &7000 Vams Street Tigard. Oregon 97223 The existing buildings total approximately 10,296 square feet of usable office space. One of the buildings has an unfinished basement that was used for storage. Based on ITE manuals, a general office produces 11.7 daily trips per 1,000 gross square feet. In its existing use this would produce 120 trips per day. The proposed use will be a total of 23 beds of inpatient medical rehab. The ITE classifies this as a Nursing Home with a land use code of 620. The average daily trips is 2.7 trips per bed. This would put the average daily traffic at 62 trips per day. All use classifications are based on the ITE manual and are not meant to match the City of Tigard's land use classifications. The closest use was selected from the ITE list of uses. As you can see this is a reduction in traffic over the existing use of the buildings. {00650107;3} EXHIBIT A CONT. Madrona Recovery Center Impact Study 6996 & 7000 SW Vams Street Tigard, Oregon 97223 This document will address the impact that this project will have on the pubiic and private infrastructure within the City of Tigard, Washington County and Clean Water Services. The project is a conversion of two existing office buildings. The North building is a two story building with a basement. The two above grade floors have a total of 6,899 square feet with the basement being 2,459 square feet. The Southern building is two stories with no basement. The total square footage of the South building is 3,397. The previous use of the building was office space and more specifically they were law offices for a single tenant. The new use will be an inpatient adolescent mental health and substance use disorder treatment center. The nature of the proposed use is much less taxing on public infrastructure in many ways and will be discussed in more detail in the following statement. Transportation System: As offices,the existing buildings could employ approximately 40 workers that mainly work 8 a.m. to 5 p.m. Monday to Friday. The treatment center will have 32-35 employees. There will be approximately 10 employees per shift and the center will be open 24 hours a day. The overload on the street system will be less than the previous use at peak hours. This use should have approximately 20-30 peak trips in the AM and PM hours. Bikeways: New bike racks will be installed on the property to meet the City requirements. The nearest bike lanes and bus lanes are located on SW 72^4 Avenue, which is less than 0.5 miles from the site. No patients of the facility wili have access to public transportation during their time at the center. {00650107;3} EXHIBIT A CONT. Drainage System: The site currently has a public storm sewer conveyance system on the north side of the private access easement that is against the Southern ramp to Highway 217. The site also has a storm water quality and detention area that was built when the second building was constructed about 8 years ago. There will be a small amount of impervious surface added to the site for a single basketball hoop. This small addition can have the storm water treated and managed by the existing facility. Parks: The closest park to the site is Potso Dog Park. It is about a 0.6 mile walk from the site. The nature of this business does not negatively affect the park system. The buildings are secured for safety and all outdoor activity are secured to the site for the patients. Water and Sewer System: The two buildings are currently served by the public water system. This use will, by nature, use more water. The following usage per day is based on the industry averages for the specific fixtures. The use may be more or less than approximated based on the building patient load and time of day. The North building will add three wash sinks,three toilets, one clothes washer and one shower. The South building will add one wash sink and one toilet. Based on industry averages these added fixtures could add between 300—400 gallons of water per day to the existing use of the site. (006501073} EXHIBIT A-2 II ' City of Tigard T 1 G A R D Memorandum To: Joe Turner,City of Tigard Hearings Officer From: Gary Pagenstecher,Associate Planner Re: Request from the Hearings Officer for a Use Category Interpretation for the Madrona Recovery Center Conditional Use (CUP2016-00004/VAR2016-00004) Date: January 31,2017 Description of the proposed use, as described by the applicant: "The proposed Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility. This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care. The program goal is to provide short-term, high-quality, trauma-informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13-17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. The facility will be staffed by therapists, milieu counselors (mental health techs), a nursing team and a psychiatrist who specializes in working with adolescents and their families. With an overall staff of 32-35 people providing 24/7 care,the average number of staff per shift is about 10." City's comment on whether the use category Medical Center or Transitional Housing is more consistent with the proposed use: The following is the process described in the code for determining which use category is assigned to a particular land use. 18.130.015.A Considerations 1.The "Characteristics" subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. . . . 2.The following items are considered to determine what use category the use is in, . . . a. The description of the activity(ies) in relationship to the characteristics of each use category; Section 18.130.015.D discusses the use of examples and states that "the names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself." Thus,when seeking to determine the appropriate use category, the "Characteristics" section takes precedence and controls over the generic and non-binding "Examples" section. This method of interpretation is consistent with the City's practice. For this specific case, the following is a description of staffs evaluation of the proposed use compared with each use category identified in the Hearings Officer's Continuance Order: 18.130.050.G Medical Centers 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. The City believes that the proposed recovery center is characterized as Medical Center because it provides inpatient and related ancillary services to the sick (mentally and/or substance abuse) and because the two-building facility provides a campus-like setting. The proposed activity, "to provide short term inpatient treatment that will prevent patients from entering higher levels of care" best matches the characteristics of the Medical Center Use Category, "facilities providing inpatient,outpatient, and emergency and related ancillary services to the sick and infirm." 18.130.040.0 Transitional Housing 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days. The City believes that this category is not applicable because the proposed use is 1) for profit and 2) not as clear a fit with the characteristics description. Medical Centers specifically describes inpatient treatment,whereas Transitional Housing does not. 18.130.080.0 Detention Facilities 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, incarceration,or supervision of people. The City believes that this category is not applicable because the proposed use is not judicially required and is therefore not consistent with the characteristics for Detention Facilities, and does not warrant any further reading of the category. EXHIBIT A-3 :111 City of Tigard T I G A R D Memorandum To: Mayor Cook,and City Councilors From: Gary Pagenstecher,Associate Planner Re: Public Hearing for Appeal of Hearing's Officer Decision to Approve Madrona Recovery Center CUP2016-00004/VAR2016-00004 Date: March 21,2017 The following is a revised finding to address the Appellant's third assignment of error: 3. The hearings officer erred in concluding that Madrona demonstrated compliance with TDC 18.330.030.A.3 given the lack of any traffic impact analysis. TDC 18.330.030.A.3 states: All required public facilities have adequate capacity to serve the proposal; Pursuant to 18.390.050.B.2.e, the applicant provided an Impact Statement summarizing that trip generation would be reduced under the proposed medical center use from the prior office use of the site. The applicant also provided a Traffic Impact Statement showing the ITE Manual trip generation for the proposed medical center use would be approximately half of what was permitted under the existing office use. Pursuant to 18.810.020.A, proposed development must address the applicable standards in 18.810 for potential impacts to Streets and Utilities. Since the site does not have frontage on a public street (Tarns terminates into a private drive), public streets improvements are not applicable. The City's Engineering review did not identify any outstanding public facility capacity issues with the fully developed site. Therefore, there is adequate capacity in the existing public facilities that serve the site. This criterion is met. Hathaway Koback 520 SW Yamhill St. Suite 235 Connors LF Portland,OR 97204 E.Michael Connors 503-205-8400 main 503-205-8401 direct mikeconnors(a hkcllp.com April 4, 2017 HAND DELIVERY Mayor John Cook Council President Jason Snider Councilor Marc Woodard Councilor John Goodhouse Councilor Tom Anderson Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Re: Madrona Recovery Center—CUP2016-00004 &VAR2016-00004 Autonome ASR, LLC—Appeal of Hearings Officer Decision Dear Mayor and Councilors: This firm represents Autonome ASR, LLC ("Autonome")with respect to the above-referenced appeal of the hearings officer's decision, dated February 13, 2017, approving Madrona Recovery's ("Madrona") conditional use permit and variance applications for a 23-bed inpatient mental health and substance abuse disorder treatment facility(the"Application"). We are submitting these comments in response to written comments submitted by Madrona, the City attorney and the City staff in response to the appeal. A. The scope of appeal is limited to the specific issues raised in Autonome's notice of appeal and therefore the City Council lacks jurisdiction to consider the Medical Center issue. Madrona erroneously argues that the City Council should reverse the hearings officer's determination that the proposed use does not qualify as a Medical Center and approve the Application as a Medical Center. That issue is beyond the scope of this appeal because Autonome did not raise it in the notice of appeal and Madrona did not file its own appeal. The City Council's review on appeal is limited to the specific issues raised in Autonome's notice of appeal. Tigard Development Code ("TDC") 18.390.050.G.2, which sets forth the requirements for appealing a Type III hearings officer decision,provides: "[t]he notice of appeal shall be in the form specified in 18.390.040.G.2.a.ii. The procedures of subsections C through F of this section shall be forwarded in the appeal." TDC 18.390.040.G.2.a.ii.0 requires the notice of appeal to include: "[a] detailed statement of the specific issues raised on appeal." When the Page 2 April 4, 2017 local code requires a notice of appeal to include the specific issues being raised on appeal,the scope of appeal is limited to the specific issues set forth in the notice of appeal. Miles v. City of Florence, 190 Or App 500, 510, 79 P3d 382 (2003); Smith v. Douglas County, 93 Or App 503, 506-07, 763 P2d 169 (1988), affd 308 Or 191, 777 P2d 1377 (1989). Otherwise, there would be no reason to require an appellant to list the specific issues raised on appeal if any issue can be raised at any point during the appeal process. Id. Autonome's notice of appeal did not challenge the hearings officer's conclusion that the proposed use does not qualify as a Medical Center or any of the other specific uses raised by the parties. Rather,Autonome's notice of appeal was limited to the following issues: (1)the hearings officer erred by approving the Application since he concluded the proposed use does not qualify as an allowed use in the C-P zone; (2)the hearings officer erred in deferring the use issue to a subsequent director's interpretation process; and(3)the hearings officer erred by failing to require a traffic impact analysis. Since Autonome's notice of appeal did not challenge the hearings officer's determination that the proposed use cannot qualify as a medical use, that issue cannot be considered on appeal. Moreover, Madrona did not appeal the hearings officer's decision itself and therefore cannot challenge the decision after the appeal deadline. Madrona could have filed its own appeal challenging the hearings officer's decision,but it chose not to do so. Autonome filed its notice of appeal early, so Madrona certainly knew that there would be an appeal before the City Council and could have filed its own appeal if it wanted to preserve this issue. Madrona cannot challenge the hearings officer's decision after-the-fact by attempting to bootstrap onto Autonome's appeal. B. TDC 18.130.015.A.1 does not allow the City Council to approve the proposed use as a Medical Center in this appeal. The City attorney erroneously suggests that the City Council has the discretion to approve the proposed use as a Medical Center under TDC 18.130.015.A.1 if it determines that the Medical Center use category"most closely"describes the proposed use. TDC 18.130.015.A.1 does not grant the City Council this discretion or allow any decision-making body to approve a use that does not meet the definition under the TDC simply because it is comes close to satisfying the definition. TDC 18.130.015.A.1 merely explains how the various use categories are characterized and notes that: "[u]ses are assigned to the category whose description most closely describes the nature of the primary use." (Emphasis added). TDC 18.130.015.A.1 describes how the use categories recognized in the TDC were determined and does not provide an independent process or basis for approving a use that does not satisfy the definition. To the extent a proposed use does not meet the definition of a use recognized in the TDC, TDC 18.130.030 provides the exclusive process and criteria for addressing these types of uses. TDC 18.130.030.A provides that the purpose of this process is to address unanticipated uses that do not clearly fall within a use category and"establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such omitted and/or unanticipated uses are compatible with the listed uses." The Director has the exclusive jurisdiction to decide these cases in the first instance subject to the Director's Interpretation process set forth in TDC Chapter 18.340. TDC 18.130.030.B. TDC Page 3 April 4, 2017 18.130.030.0 provides specific approval standards that must be satisfied to approve a use under this process. Since the Director has the exclusive jurisdiction to decide this issue pursuant to the approval criteria set forth in TDC 18.130.030.C, the City Council does not have the authority to approve the proposed use within the context of this appeal. C. Madrona mischaracterized the hearings officer's decision and its position before the hearings officer. In an apparent attempt to obscure the issues, Madrona's new attorney significantly mischaracterized the hearings officer's decision and Madrona's position below. Madrona claims that the hearings officer did not approve the proposed use as a Medical Center because he"had questions about classifying Madrona as a `Medical Center' use,"had"uncertainty"about the issue and "felt uncomfortable being the final decision-maker that classified Madrona Recovery as a Medical Center use." Madrona's letter, dated March 21, 2017,p.1. This characterization of the hearings officer's decision is simply not true. The hearings officer was not confused or uncomfortable about this issue—he very clearly and definitively concluded that he cannot approve the proposed use as a Medical Center based on the plain language in the City's code. The hearings officer concluded that"the facility does not qualify as a Medical Center"and"it cannot qualify as a medical facility based on the plain meaning of the words in TDC 18.130.050.G." Hearings officer's decision,p.10. That is why the hearings officer concluded that the only way the proposed use could potentially qualify is if Madrona obtained a director's interpretation pursuant to TDC 18.130.030. Madrona's new attorney also mischaracterized its position below. Before the hearings officer, Madrona acknowledged that the proposed facility would not include outpatient and emergency services but argued that it still qualified as a Medical Center since it included inpatient services. Because the definition of a Medical Center is limited to facilities with"inpatient, outpatient, and emergency and related ancillary services,"the hearings officer concluded that it could not qualify because it lacks these essential features. Hearings officer's decision,p.10. In its response to Autonome's appeal, Madrona's new attorney claims for the first time that the proposed facility will provide outpatient and emergency services. Madrona did not preserve this argument and Madrona's attorney cannot re-write the evidentiary record below. The City Council must base its decision on the evidence Madrona presented to the hearings officer, not new arguments Madrona's attorney is attempting to raise on appeal. D. The proposed facility does not qualify as a Medical Center. Even if the City Council had jurisdiction to consider if the proposed facility qualifies as a Medical Center, it clearly does not meet the plain language definition of this term. As the hearings officer explained, Madrona's proposed facility cannot qualify as a Medical Center because it does not satisfy the definition of this use category as set forth in TDC 18.130.050.G.1. TDC 18.130.050.G.1 defines "Medical Centers" as "facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm * * *." The plain language use and meaning of the term"and" in this definition requires that these facilities include all of these components. Lommasson v. School Dist. No. 1, 201 Or App 71, 79, 261 P2d 860, adh'd to in part on rehearing, 201 Or 90, 267 P2d 1105 (1954). These individual components are addressed • Page 4 April 4, 2017 separately in the code. For example, Emergency Services are a separate category of use, and outpatient medical facilities and other types of medical services are included in the Office defmition. TDC 18.130.050.F & 18.130.060.L.3. To qualify as a Medical Center, TDC 18.130.050.G.1 expressly requires the facility to include all of these components. As the hearings officer concluded in his decision, the proposed facility does not meet this definition because it only contains one of the three components required to constitute a Medical Center. The proposed facility will provide inpatient facilities,but it clearly will not include outpatient or emergency services. Therefore, it cannot qualify as a Medical Center. E. The proposed facility is closer to a Transitional Housing or Detention Facilities. To the extent the City Council believes the proposed facility can qualify as one of the use categories set forth in TDC 18.130 even if it does not meet all of the requirements of that definition, the proposed facility is more similar to other types of uses,namely Transitional Housing or Detention Facilities. The only reason the hearings officer ruled out these use categories was because the proposed facility did not meet all of the components in the definition. If the City Council concludes it is not necessary to satisfy all of the components of the definition, these other use categories more closely describe the proposed facility. The proposed facility most closely matches a Transitional Housing use. "Transitional Housing" is defined as "public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days."TDC 18.130.040.C.1. The hearings officer agreed that the proposed facility possesses characteristics of Group Living and the residents will reside at the facility less than 45 days. Hearings officer's decision,p.9. The examples of Transitional Housing include one that matches the proposed use—"drug/alcohol treatment facilities." TDC 18.130.040.C.3. The only reason the hearings officer ruled out this use category was that the proposed facility will not be a public or non-profit facility. However, if the proposed facility is not required to satisfy all components of the definition,the proposed facility most closely matches the definition of a Transitional Housing use because it specifically describes the proposed facility. TDC 18.130.080.C.4.a provides further support for classifying the proposed facility as Transitional Housing. TDC 18.130.080 defines Detention Facilities. TDC 18.130.080.C.4.a lists exceptions to this definition and provides: "Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing." As the hearings officer noted,the City does not have a"transient housing" category. Clearly this section was intended to refer to Transitional Housing, not transient housing. Transitional Housing is the closest term to "transient housing" and Transitional Housing expressly includes facilities provide psychiatric, alcohol, or drug treatment. The proposed facility also qualifies as a Detention Facility. "Detention Facilities"are defined as facilities "devoted to the judicially required detention, incarceration, or supervision of people," and expressly includes "half-way houses". TDC 18.130.080.C.1 & 3. The only reason the hearings officer ruled out this use category was that patients will not be judicially required to reside there and will not be supervised by police. However, if the proposed facility is not Page 5 April 4, 2017 required to satisfy all components of the definition, it still qualifies under this use category because it satisfies all of the other terms. To the extent the City Council believes the proposed facility need not meet all of the requirements under the definition and can be reviewed as the closest use category available, the proposed facility is closest to a Transitional Housing or Detention Facility use. Since neither of these uses is allowed in the C-P zone, the Application must be denied. F. The Director's Interpretation process does not give Autonome the same procedural rights as the Type III conditional use permit process. Madrona erroneously claims that the Director's Interpretation process will provide Autonome the same procedural rights as the Type III conditional use process. Madrona bases this claim on its assertion that TDC 18.340.020 provides Autonome the same opportunity to appeal to the City Council. Madrona is wrong in two respects. First, the Director's Interpretation process does not give Autonome the same appeal rights. TDC Table 18.310.1,which establishes the procedures for each type of application, expressly provides that the director's interpretation is a"Special kind of decision"that is a Type I process unless the applicant appeals: "Type I if not appealed, Type II if appealed by applicant." TDC Table 18.30.1, footnote 1. So unless Madrona appeals, Autonome will have no local appeal rights because a Type I decision"is not appealable locally, and is the final decision of the city." TDC 18.390.030.D.. Second, even if Autonome had an appeal right the process is still not the same. The Type III conditional use permit process provides for a public hearing as part of the initial process. The Director's Interpretation clearly does not provide for a hearing. Nor do the Director's Interpretation procedures state who is entitled to notice of the application and who is entitled to submit written comments. The bottom-line is that in order to defer an issue of compliance to a subsequent process, that later process must provide for the same public notice and opportunity to participate as the underlying process. Moreland v. City of Depoe Bay, 48 Or LUBA 136, 153 (2004);Sisters Forest Planning Committee v. Deschutes County, 45 Or LUBA 145, 154-55 (2003);Rhyne v. Multnomah County, 23 Or LUBA 442, 447 (1992). The Director's Interpretation process clearly does not provide the same public notice and opportunity to participate as the Type III conditional use permit process. For the reasons set forth in Autonome's appeal and this letter, we request that the City Council grant the appeal and deny the Application. Very truly yours, HATHAWAY KOBACK CONNORS LLP nn /7/1/1,7/ (ea E. Michael Connors cc: Autonome ASR, LLC is 13e, f n ,' � �' `rte' Sere„,-TV kw,/ IA. `adv s Pfc 71/0,1-0z(-4- 1)9t(S+11 -7-,a177 /-4)/4‘re,. Z /,„1/44f,„7:%, is s ,A..eLc__/1;1\A e pieb„,(4, ;Th-Cari /74-e5-6(;b1faA 4/1441 • /be-eJtriti - y4rte()///(4`{t e:T`:" rt / t i/ / /e(2:1- ` (190144-'76. A.41 LoIaZCR ��° 6o _ ___--`cfrxoam paso - � � y /MI City Council Presentation Madrona Medical Center-Appeal April 4, 2017 Greetings: Good evening Mayor Cook, Councilors; for the record . . . Madrona Team present to speak for the project-John Thornton, Dr. Howard, Zoee Lynn Powers. With Dr Joel Suckow and Kirk Sund also available for questions. ff—,, /3 t,„< .4-4p-- 47 rim, e ,e4 , AIS: includes Attachments Memo from City Attorney (addressing process: either decide the use is medical center, that traffic impacts were satisfactorily addressed, and deny the appeal. Or alternatively, find the use was omitted, stay this appeal,pending a DI, and then resume the appeal hearing bound by the DI use) Exhibit A HO Final Order CUP2016-04 (references the staff report findings and includes the HO's detailed analysis of use issue) Notice of Appeal (3 assignments of error 1. HO must deny if concluding the use is not a conditional use,2. HO cannot defer use issue to Director,3. Adequate public facilities were not demonstrated.) Exhibit A:Applicant's Testimony (Zoee Powers 3- 21-17) l Alt. �'// f��^ G�'l '?-y1Z�lt�c�c Exhibit A: Staff Use Memo ( 1-31-17) �^°°t°d fj fri° ilr'UcazrtGlrf"/Gl�" S r 1 Exhibit A: Staff Public Facilities Memo (3- 21-17) s'oePi `' 1 ea- 1-Ag. Pap rSf, ,� _ � �` �mir-it ci.d.fr• ;he. Js Resolution (prepared as a denial of the appeal) Z r vL �'a- ��,' Lc. -0--i_ , Madrona Site Map (Display during site description) Site description: Orientation Location of day care. No objection Location of Autonome is 6960 SW Varns Street,Tigard, OR 97223 E-" Exhibit A: Other testimony as basis of decision , 3 7 rt-c) i Q ru 7"/IUU/�-7/0) Ey TSS 1 6 C- ad -r7)1/ L )nom ,3'IO, z k'"-((---'11--' L 4-A-4-4 ;,,&,2w444/ j �f Assignments of error �/ 0� L.." ..5 's 1. HO must deny if concluding the use is not a conditional use 5.D A`d Staff finds that the proposed Madrona Recovery Center activities are most closely described ✓ t -a4„,b,,Y i by the "Medical center" use characteristics; therefore, not an omitted use, and do iot require 7 a DI. 2. HO cannot defer use issue to Director moot 3. Adequate public facilities were not demonstrated. Public facilities/surrounding transportation system- Application included code required impacts analysis; also transportation impact analysis- half as many trips would be generated. Access to site is private and subject to private maintenance agreement. Print Agenda Item Summary Page 1 of 2 AIS-3058 5. Business Meeting One Meeting Date: 04/04/2017 -Length-(in 60 Minutes minutes): Agenda Title: Appeal of Quasi-Judicial Hearings Officer Decision for Madrona Recovery Center Submitted By: Carol Krager, Central Services Item Type: Resolution Meeting Type: Council Business Meeting-Main Public Yes Publication Hearing: Date: Information ISSUE Shall City Council approve, deny, or approve with conditions the appeal of the Hearings Officer decision to approve conditionally the Madrona Recovery Center's request for a medical center use in the Commercial Professional zone? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends Council make a determination that the medical center use is permitted in the C-P zone,address the substantive traffic issue raised on appeal, and deny the appeal. KEY FACTS AND INFORMATION SUMMARY On October 13,2016,Madrona Recovery Center applied for a conditional use permit to change the use of existing office buildings from "office" to "medical center",both permitted uses in the Professional Commercial (C-P) zone.At the hearing,the appellant,Mr. Bowersox, challenged the staff determination that the proposed use falls within the "medical center" use category. On February 13,2017, the Hearings Officer issued a Final Order (attached). The medical center use is discussed in-depth on pages 11-16 of the Hearings Officer's report,referencing relevant sections of the Development Code and concluding that the proposed inpatient mental health,drug and alcohol treatment facility does not fall within art,y of the use categories listed in [DC 18.130. The Hearing's Officer approved the conditional use request,but conditioned his approval on a future Director's Interpretation that the proposed use is permitted in the C-P zone. Mr. Bowersox appealed the Hearings Officer Final Order (attached)with three assignments of error: 1. Hearings Officer was required to deny the application when concluding the use did not qualify as a conditional use. 2. Hearings Officer cannot defer the use issue to a Director's Interpretation. 3. Hearings Officer erred in concluding that Madrona demonstrated compliance with requirements for adequate public facilities. OTHER ALTERNATIVES http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=3058&rev num=0&mode=External&... 4/4/2017 Print Agenda Item Summary Page 2 of 2 Deny the appeal and approve the Madrona application with conditions. Uphold the appeal and deny the Madrona application. Remand the appeal to the Hearings Officer,pending a Director's Interpretation on the use question. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS NA DATES OF PREVIOUS COUNCIL CONSIDERATION None Attachments Memo from City Attorney HO Final Order CUP2016 04 ` Notice of Appeal Applicant's Testimony '3-21 - 17 2 A.044('' `'' it 3,- Staff Use Memo i- ° ` f C - Staff Public Facilities Memo -Z./'t 7 N. Resolution 4- Madrona Site Map (t 4 ,.j . " :° 'u http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=3058&rev num=0&mode=External&... 4/4/2017 Print Agenda Item Summary Page 1 of 2 AIS-3046 7. Business Meeting Meeting Date: 03/28/2017 Length (in 15 Minutes minutes): Agenda Title: Appeal of Quasi-Judicial Hearings Officer Decision for Madrona Recovery Center Prepared For: Gary Pagenstecher, Submitted By: Gary Pagenstecher, Community Development Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing- Quasi Judicial Public Yes Publication Hearing: Date: Information ISSUE Shall City Council approve, deny, or approve with conditions the appeal of the Hearings Officer decision to approve conditionally the Madrona Recovery Center's request for a medical center use in the Commercial Professional zone? STAFF RECOMMENDATION /ACTION REQUEST Open the hearing on March 28 and continue the matter to the meeting of April 4. At the time of Council consideration, staff and the City Attorney will suggest that the order of consideration should be whether the center is a medical center use permitted in the C-P zone, and then address the issues raised on appeal. Staff recommends Council make a determination that the proposed development is a medical center use permitted in the C-P zone,address the substantive traffic issue raised on appeal, and deny the appeal. KEY FACTS AND INFORMATION SUMMARY On October 13, 2016,Madrona Recovery Center applied for a conditional use permit to change the use of existing office buildings from "office" to "medical center," both permitted uses in the Professional Commercial (C-P) zone. The appellant,Mr. Bowersox,questioned the staff determination that the proposed use falls within the "medical center" use category at the hearing. On February 13,2017, the Hearings Officer issued a Final Order (attached). The medical center use and other possible related uses were discussed in-depth on pages 11-16 of the Hearings Officer's report, including reference to the relevant sections of the Development Code. The Hearings Officer concluded that the proposed inpatient mental health, drug and alcohol treatment facility does not fall within any of the use categories listed in TDC 18.130. The Hearings Officer approved the conditional use request,but conditioned his approval so that the applicant had to obtain a Director's Interpretation that the proposed use is permitted in the C-P zone. http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=3046&rev_num=0&mode=External... 3/28/2017 Print Agenda Item Summary Page 2 of 2 Mr. Bowersox appealed the Hearings Officer Final Order (attached)with three assignments of error: 1. Hearings Officer was required to deny the application when concluding the use did not qualify as a conditional use. 2. Hearings Officer cannot defer the use issue to a Director's Interpretation. 3. Hearings Officer erred in concluding that Madrona demonstrated compliance with requirements for adequate public facilities. OTHER ALTERNATIVES • Uphold the appeal and deny the Madrona application. • Deny the appeal and approve the Madrona application with conditions. • Remand the decision to the Hearings Officer. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS NA DATES OF PREVIOUS COUNCIL CONSIDERATION None Attachments Memo from City Attorney V Notice of Appeal Madrona Use Narrative #'ra' / 4. 60A t Staff Use Memo r+ Resolution Exhibit A-1 Hearings Officer Final Order Exhibit A-2 Staff Memo re Revised Finding `° , ' 4 °?' Exhibit A-3 Letter from Radler White Parks &Alexander v t° 4 7 '*r � I http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=3046&rev num=0&mode=External... 3/28/2017 . _____ _ ,,-;,-- ,,„ ,tit.u. , I JORDAN RAM I S PC ATTORNEYS AT LAW Two Centerpointe Dr 6th Fl Phone: (503) 598-7070 Lake Oswego OR 97035 Toll Free: (888) 598-7070 wwwjordanramis.com Fax: (503) 598-7373 LEGAL MEMORANDUM TO: Tigard City Council FROM: Shelby Rihala, City Attorney DATE: March 17, 2017 RE: Madrona Appeal to Council This memo provides a summary to Council of the decision points at issue in the Madrona appeal and the order in which the City Attorney suggests making those decisions. Below is a suggested outline for the process: 1. Is the proposed use a "medical center" pursuant to TDC 18.130.050.G? The Code defines the characteristics of medical centers as, "facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks." TDC 18.130.050.G.1. The full text of this subsection and the hearings officer's analysis are found beginning on page 9 of the Hearings Officer Final Order. In applying the characteristics of a use to a specific proposal, the Code Cinstructs that "uses are assigned to the category whose description most closely describes the nature of the primary use." TDC 18.130.015.A.1. Council has discretion in determining the use "most closely" describing the proposed development, within the parameters of the Code's definition of a medical center. Council should consider whether the proposed development is most closely described as "providing inpatient, outpatient, and emergency and related services...." JORDAN RAMIS PC ATTORNEYS AT LAW March 17, 2017 Page 2 Because the hearings officer conditionally approved the application using the criteria applicable to medical centers, should Council conclude that the proposed use is a medical center, Council's decision will satisfy the condition to obtain a use determination and Council may then proceed to hear the remainder of the appeal on the merits, as described in #2 below. Should Council not agree that the proposed development is most closely described as a medical center, the City Attorney recommends requesting a Director's Interpretation, as described in #3 below. 2. If the proposed use is a medical center, were traffic impacts adequately addressed in the proposal? The appellant asserts that the applicant was required to perform a traffic impact analysis. Council must review this claim on the merits. City staff found that because the site was fully developed, there did not appear to be a need to require a full transportation impact analysis and the thresholds to require one were not likely met under TDC 18.810.030.CC, which establishes parameters for when a traffic study is required. The applicant did provide an Impact Statement showing that trip generation would be reduced under the proposed use. The applicant also provided a Traffic Impact Statement showing the ITE Manual trip generation would be half of what was permitted under the existing office use. Additionally, the appellant points to TDC 18.810.020.A. City staff responds that this general provision addresses application of standards in 18.810. Because the site does not have frontage on a public street Warns St. terminates into a private drive), there would be no affected public facilities. Council must weigh the evidence and make a decision to either affirm or deny the appeal based on the applicable standards and criteria. 3. If the proposed use is not a medical center, Council may wish to stay the current appeal pending a Director's Interpretation as an omitted use, pursuant to TDC 18.130.030. Because the hearings officer conditionally approved the proposed development pursuant to criteria applicable to a medical center, if Council determines that the use is not a medical center, the City Attorney recommends obtaining a Director's Interpretation (DI), as provided for in TDC JORDAN RAMIS PC ATTORNEYS AT LAW March 17, 2017 Page 3 18.130.030. This section is intended for circumstances in which "unintentional omissions occur and unanticipated uses may not be clearly assignable to a use category." TDC 18.130.030.A. The Code includes approval standards and provides that the Director "shall render an interpretation, as governed by Chapter 18.340." Under Chapter 18.340, the Director has 14 days to issue a decision. That decision is appealable to the City Council within 14 days after the interpretation is mailed to the applicant and Council would hear the appeal as a Type III, quasi-judicial appeal action. If it becomes necessary to obtain a DI, the City Attorney has conferred with the applicant's counsel and the recommendation is to stay the Council appeal of the hearings officer's decision to allow the DI to become final. Either the DI is appealed to Council, in which case the two proceedings may be joined and considered on appeal together, or the DI is not appealed and therefore binding on Council in the appeal of the hearings officer's decision. 1,1;, r` r , BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Madrona Recovery for a ) F I N A L O R D E R conditional use permit and variance to convert an ) CUP2016-00004 & existing law office to a medical center at 6996- ) VAR2016-0004 7000 SW Varns Street in the City of Tigard, Oregon ) (Madrona Recovery Center) A. SUMMARY 1. Madrona Recovery(the "applicant")requests approval of a conditional use permit to change the use of an existing law office to what the applicant describes as a "medical center;"a secure 23-bed inpatient mental health and substance abuse disorder treatment facility serving adolescents13-17 years of age. Patients at the facility will receive treatment for 14-21 days, 24 hours a day, 7 days a week. The use is proposed in two existing buildings located on a 1.04-acre site at 6996-7000 SW Varns Street; also known as Washington County Tax Assessor's Map 2S 101 DA, Tax Lot 01900(the "site").' The site and surrounding properties are zoned C-P (Professional Commercial). 2. The applicant also requests approval of a variance to the 25-foot rear yard setback required for medical centers; the existing south building on the site is setback approximately 14 feet from the rear boundary of the site. 3. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated January 2, 2017 (the "Staff Report"), incorporated herein by reference. 4. Tigard Hearings Officer Joe Turner(the"hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in this matter. At the public hearing, City staff recommended approval of the application, subject to conditions of approval in the Staff Report. Representatives of the applicant testified in support of the application. One person testified with questions and concerns about the application. Disputed issues in this case include: a. Whether the City provided adequate notice of the proposed development; b. Whether the applicant is required to resolve the ownership of Tax Lot 2100 prior to approval of this application; c. Whether traffic impacts on the private road serving the site are relevant to the applicable approval criteria; The application originally included Tax Lots 01900 and 02100.However the applicant modified the application to remove Tax Lot 02100 prior to the hearing. d. Whether the proposed facility will have an adverse impact on the nearby daycare facility; e. Whether the proposed secure inpatient mental health and substance abuse disorder treatment facility is permitted in the C-P zone; and f. Whether a variance to the rear yard setback is required. 5. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the proposed inpatient mental health, drug and alcohol treatment facility does not fall within any of the use categories listed in TDC 18.130. Therefore this application can only be approved if the applicant obtains a final planning director interpretation that the proposed use is permitted in the C-P zone, pursuant to the approval criteria in TDC 18.130.030. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on January 9, 2017. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing,the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planner Gary Pagenstecher summarized the Staff Report and the proposed development. a. He noted that the applicant proposes to change the use of the site from a law office to a medical center, specifically an adolescent mental health and addiction residential treatment facility. The applicant proposed to remodel the inside of the building to accommodate the proposed residential treatment facility. Exterior changes are limited to the replacement or elimination of certain doors and windows and the installation of eight-foot high privacy fencing around portions of the site. b. There are potential issues regarding the ownership of Tax Lot 2100 and whether the application included required signatures from the correct owner(s)of this parcel. Therefore the applicant modified the application to remove Tax Lot 2100 from the application. The applicant submitted a revised site plan with development limited to Tax Lot 1900. See the January 9, 2017 email to Mr. Pagenstecher from Gretchen Stone. c. The City received a comment letter from Tualatin Valley Fire and Rescue ("TVFR")requesting the applicant, among other things, install clearly visible address numbers on the site for emergency responders. He requested the hearings officer add a condition of approval to that effect. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 2 d. He testified that Mr. Bowersox is not an owner of Tax Lot 2100. 3. Architect Gretchen Stone and John Thornton, president of Madrona Recovery, testified for the applicant. a. Ms. Stone summarized the proposed change in use. The proposed use will meet all applicable standards for a medical center, with the exception of the rear yard setback requirement for the south building. The applicant requested a variance to the 25- foot rear yard setback required for medical center uses to accommodate the existing south building on the site, which is setback between 13 feet 8 inches and 14 feet 9 inches from the rear(west) property line. The buildings on the site were originally developed as office buildings, which do not require a rear yard setback. The applicant will install an eight- foot high privacy fence along the west and south boundaries of the site to provide additional screening and privacy between the site and abutting commercial properties. The applicant was unable to find any suitable alternative sites for the proposed facility. The buildings on the site have been vacant for the past three years. b. Mr. Thornton summarized the proposed treatment clinic use. The facility is not a methadone treatment facility. The facility will provide short-term mental health treatment for adolescent patients ages 13 to 17. It will not generate significant traffic. Patients will reside at the secure facility for seven to twenty-one days while receiving treatment. Patients will be provided ongoing post-discharge therapy by videoconference. Patients will not travel back and forth to the site on a daily basis. The facility and its patients will not pose a safety risk to the public. The facility will not accept sex offenders or patients with a history of violence or running away. The facility will be locked at all times and surrounded by fencing. He agreed to conditions of approval to that effect. i. Representatives of the applicant met with representatives of the Touchstone Preschool prior to purchasing the site and explained the proposed use. The Preschool did not raise any objections to the proposed use. He submitted an email summary of the proposed use that he sent to the Preschool. 4. Jeff Bowersox testified on behalf of Autonome ASR, LLC. ("Autonome"). a. He testified that Autonome owns nearby property but did not receive notice of the application or of the September 26, 2016 neighborhood meeting. Autonome may have an ownership interest in Tax Lot 2100. The applicant should be required to resolve the ownership of Tax Lot 2100 prior to final approval of this application. b. The buildings on the site have always been used for law and accounting offices. The proposed use will increase impacts on surrounding uses. There is a daycare facility serving 300 children located three buildings away. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 3 c. He argued that the proposed use is not a medical center but is actually an involuntary detention center(a jail). d. He requested that, if the facility is approved, the hearings officer include conditions of approval limiting the use of the facility consistent with the applicant's summary, prohibiting sex offenders or patients with a history of violence or running away. e. The proposed use will substantially increase the volume of traffic, which will increase wear and tear and the need for maintenance on the existing private road serving the site. The applicant failed to propose any mitigation for this impact. f. He requested the hearings officer hold the record open or continue the hearing to allow additional time to respond to the application. 5. Pursuant to Mr. Bowersox's request, the hearings officer held the record open for eight days, until 5:00 p.m. January 17, 2017,to allow the public to submit additional testimony and evidence regarding the application. The hearings officer held the record open for a second week, until January 24, 2017, for the applicant to submit a final argument, without any new evidence. No new evidence was received from the public during the first open record period.Therefore the applicant waived its right to submit a final argument and requested the hearings officer close the record. Pursuant to the applicant's request,the record in this case initially closed at 5:00 p.m. January 18, 2017. 6. On January 23,2017 the hearings officer issued an"Order Re-Opening the Record"extending the open record period to allow the parties an opportunity to submit additional testimony and evidence regarding whether the proposed use falls within one of the"Use Categories" listed in TDC 18.130. The hearings officer re-opened the record subject to the following revised schedule: a. Until 5 P.M. on January 31,2017, for all parties to introduce new evidence and testimony regarding the apparent Code conflict noted in the Continuance Order. b. Until 5 P.M. on February 7, 2017 for all parties to respond in writing to the new evidence submitted during the first open record period; and c. Until 5 P.M. on February 14, 2017, for the applicant to submit a final argument, without any new evidence. 7. The following evidence was submitted in response to the Order Re-Opening the Record: a. A letter dated January 26, 2017 from Mr. Thornton; CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 4 b. A letter dated January 30, 2017 from Ms. Stone; c. A letter dated January 30, 2017 from the applicant's attorney. Joshua S. DeCristo; d. A letter dated January 31, 2017 from Mr. Bowersox; e. A memorandum dated January 31, 2017 from Mr. Pagenstecher; f. A letter dated February 7, 2017 from Ms. Stone; g. A letter dated February 7, 2017 from Mr. Bowersox; h. A memorandum dated February 7, 2017 from Mr. Pagenstecher; and i. An email dated February 8, 2017 from Ms. Stone waiving the applicant's final argument and requesting the hearings officer close the record. 8. Pursuant to the applicant's request the record in this case closed at 5:00 p.m. on February 8, 2017. C. DISCUSSION 1. City staff recommended that the hearings officer approve the application, based on the affirmative findings and subject to conditions of approval in the Staff Report. The applicant accepted those findings and conditions without exceptions. The hearings officer adopts the findings and conclusions in the Staff Report as his own except to the extent they are inconsistent with the findings and discussion in this final order. 2. The hearings officer finds that the public had an adequate opportunity to review and respond to the proposed development, consistent with the limitations of the Code. TDC 18.390.050.0 requires the City to mail notice of public hearings to owners of property within 500 feet of the site and other specified persons at least twenty calendar days prior to the hearing, and publish notice in the newspaper and post notice on the site at least ten calendar days before a hearing. The City did these things in this case. The City mailed notice of the hearing to the to the persons listed in TDC 18.390.050.C(1)(a) on December 13, 2016. (See the January 18, 2017 Affidavit of Mailing). Autonome ASR, LLC was included in the notice mailing list. (See Exhibit B of the January 18, 2017 Affidavit of Mailing). The City posted a sign on the site and published notice in the Tigard Times newspaper on December 13, 2016. (See the January 18, 2017 Affidavit of Posting Notice and the December 15, 2016 Affidavit of Publication). This is sufficient to comply with the Code. The Code does not require that mailed notice be received by the owners; such a requirement would be impossible to enforce. Multiple forms of notice are required, in part, to provide a measure of overlap, so that if notice in one form is not effective (e.g., when a mailed notice is not received), another form of notice will be CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 5 effective(e.g., published or posted on the site). In addition, Autonome received actual notice of the hearing, as Mr. Bowersox appeared at the hearing on behalf of Autonome. a. It is the City's policy to require applicants schedule and attend a neighborhood meeting to summarize a proposed development prior to submitting an application. However this is not a requirement of the Code. The applicant mailed notice of a neighborhood meeting to the owners of properties within 500 feet of the site on August 12, 2016. The applicant held the neighborhood meeting on September 15,2016. The applicant mailed notice of the meeting to Autonome ASR, LLC. See the"Evidence of Neighborhood Meeting"tab in the application packet submitted on November 22, 2016. As noted above, failure to receive properly mailed notice is irrelevant. 3. The applicant modified the proposed development to exclude Tax Lot 2100 from this application. (See the site plan attached to the January 9, 2017 email from Ms. Stone to Mr. Pagenstecher). Therefore there is no need to resolve the ownership of this property prior to approval of this application, because that property is no longer part of the proposed development. 4. Mr. Bowersox argued that traffic generated by the proposed facility will increase wear and tear and the need for maintenance on the existing private road serving the site. Assuming that assertion is correct,'it is not relevant to the applicable approval criteria for this development. Use and maintenance of private roads is regulated by private easement agreements. The hearings officer and the City have no authority to interpret or enforce such private agreements. If there is no recorded agreement for maintenance of the easement, than the parties to the easement are required to share the costs of maintenance based on their proportionate use. ORS 105.175(3). 5. There is no evidence that the proposed treatment facility will have any adverse impact on the nearby daycare facility. Patients will be confined to the secure facility and will not be allowed to leave the site during their treatment. The facility will not treat patients with a history of violence or sex offenses. The applicant met with the operators of the daycare facility and they did not express any concerns with the proposed use. 6. There is a dispute about whether the proposed use is allowed in the C-P zone. The applicant and the City argue that the proposed use is a"medical center"use described in TDC 18.130.050.G. Mr. Bowersox argued that proposed use is a"detention facility" described in TDC 18.130.080.C.The hearings officer finds that the proposed use does not fall into any of the Use Categories listed in TDC 18.130,based on the plain language of the Code. 7. TDC 18.130.040.A provides: 2 There is no evidence in the record regarding the volume of traffic generated by the prior law office use or the proposed treatment facility use. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 6 Group Living. 1. Characteristics: Group Living is a living facility for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing. monitoring, and/or providing care, training, or treatment of residents. Large group living facilities may also be characterized by shared facilities for eating, hygiene, and/or recreation. 2. Accessory uses: Accessory uses commonly found are recreational facilities and parking. 3. Examples: Examples include do„iiitories; communes; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically and mentally disabled; and some residential programs for drug and alcohol treatment. 4. Exceptions: a. Does not include lodging meeting the definition of Transitional Housing, Detention Facilities, and/or Commercial Lodging. b. Does not include lodging where the residents meet the definition of Household, and where tenancy is arranged on a month-to-month basis, or for a longer period, which is classified as Household Living. a. The facility will house a group of unrelated individuals and provide staff who are responsible for supervising, managing, monitoring, and/or providing care, training, or treatment of residents. The facility will also provide shared facilities for eating, hygiene, and/or recreation. In addition, the facility will provide, in part, "residential programs for drug and alcohol treatment," which is one of the examples of "Group Living" listed in TDC 18.130.040.A(3). However staff that provide care and treatment of the residents will not reside on the site. Therefore the facility does not fall within the definition of"Group Living" in TDC 18.130.040.A. In addition, the primary purpose of the proposed facility is to provide mental health and addiction treatment, not a "living facility." i. The hearings officer notes that TDC 18.130.040.A(3) includes, "nursing and convalescent homes" as examples of"Group Living" uses. In the hearings officer's experience, staff at such facilities generally do not reside on the site. Therefore the requirement for resident staff included in Section A.1 may be an error. However, this requirement is clearly part of the Code and cannot be ignored. 8. TDC 18.130.040.B provides: Household Living. 1. Characteristics: Household Living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month basis, or for a longer period. Uses CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 7 where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of commercial lodging or transitional housing. Apartment complexes that have accessory services such as food service, dining rooms, and housekeeping are included as Household Living if tenancy meets length of stay requirements and residents have access to facilities for individual meal preparation. The maximum number of people who may reside in any given dwelling unit shall be determined by the state building code. 2. Accessory Uses: Accessory uses commonly found are recreational activities,keeping of normal household pets, hobbies, and parking of the occupants' vehicles. Home occupation and accessory dwelling units are examples of accessory uses that are subject to additional regulations. 3. Examples: Uses include living in houses, duplexes, apartments, condominiums, retirement center apartments, manufactured housing, and other structures with self-contained dwelling units. Includes most types of senior housing, e.g., congregate care, assisted living, if residents live in self-contained units. 4. Exceptions: a. Does not include for-profit lodging, where tenancy may be arranged for periods less than one month. Such uses are considered a hotel or motel use and are classified as commercial lodging. b. Does not include lodging meeting the definition of Transitional Housing. a. The facility will not provide month-to-month or longer tenancy and residents will not have access to facilities for individual meal preparation. Patients will reside at the facility for two to three weeks and all food service will be provided in the common dining area. (See plan sheet A3). Therefore the facility does not fall within the definition of"Household Living" in TDC 18.130.040.B. 9. TDC 18.130.040.0 provides: Transitional Housing. 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days. 2. Accessory Uses: Accessory uses commonly found are recreational facilities,parking of autos for the occupants and staff, and parking of vehicles for the facility. 3. Examples: Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. 4. Exceptions: CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 8 a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month, which is considered a hotel or motel use and is classified as Commercial Lodging. b. Does not include residential uses meeting the definition of Group Living. c. Does not include residential uses where the residents meet the definition of Household Living. d. Does not include residential uses meeting the definition of Detention Facilities. a. The proposed facility does not meet the standard for Transitional Housing. Transitional housing is defined, in part, as "[1]iving facilities possessing the same characteristics as Household or Group Living, but with tenancy less than 45 days.'' As discussed above, the facility possesses characteristics of Group Living, i.e., staff who are responsible for supervising, managing, monitoring, and/or providing care, training, or treatment of residents and shared facilities for eating, hygiene, and/or recreation. The facility will provide residential drug and alcohol treatment, which is an explicit example of"Transitional Housing"as well as "Group Living." Patients will reside at the facility for less than 45 days. However Transitional Housing is further defined as, "[p]ublic or non-profit living facilities..." The applicant is not a public or non-profit entity. The applicant will operate the facility on a"for-profit" basis. Therefore the facility does not fall within the definition of"Transitional Housing" in TDC 18.130.040.C(1), which provides, "Transitional housing is characterized as public or non-profit living facilities..." 10. TDC 18.130. 050.G provides: Medical Centers: 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and maintenance facilities; administrative offices and parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. 4. Exceptions: a. Medical Centers may also include freestanding offices for hospital-based and/or private practice physicians and other allied health care professionals; these medical office buildings are regulated as Offices. b. Does not include uses meeting the definition of Emergency Services. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovety Center) Page 9 a. The facility will provide inpatient services to the sick and infirm, i.e., mental health treatment that the applicant describes as "medically necessary health care treatment"to patients residing at the facility. b. The facility is arguably"[d]eveloped in a campus setting or on multiple blocks." The facility will be housed in two separate buildings on the site. In addition, a campus setting or multi-block facility is not an explicit requirement for a Medical Center. The Code expressly provides that Medical Centers are"usually"designed to this standard. Use of the term "usually"clearly indicates that a campus setting or multi-block facility is not a requirement. c. However the facility does not qualify as a Medical Center, because it will not provide outpatient or emergency services. To qualify as a"Medical Center"the facility must provide, "[i]npatient, outpatient, and emergency ... services to the sick and infirm..."The hearings officer finds that the term"and"as used in TDC 18.130.050.G(1) has its plain,natural, and ordinary conjunctive meaning so as to require that Medical Centers include all of the listed services. As the Oregon Supreme Court held: Generally, the words'and' and 'or', as used in statutes, are not interchangeable,being strictly of a conjunctive or disjunctive nature, and their ordinary meaning will be followed if it does not render the sense of the statute dubious or circumvent the legislative intent, or unless the act itself furnishes cogent proof of the legislative error." Lommasson v. School Dist No 1, 201 Or. 71, 79, 261 P2d 860, adh'd to in part on rehearing, 201 Or. 90, 267 p2d, 1105 (1954). In this case the term"and"was clearly used in the conjunctive sense. In order to qualify as a medical facility under TDC 18.130.050.G, the facility must provide inpatient, outpatient and emergency services. The proposed facility will not provide outpatient or emergency care. Therefore it cannot qualify as a medical facility based on the plain meaning of the words in TDC 18.130.050.G. Reading TDC 18.130 as a whole, this interpretation does not appear to render the sense of the statute dubious or circumvent the legislative intent. As discussed below,the Code appears to provide for the majority of individual medical service uses that are gathered together in the"Medical Centers" definition in other use categories in the Code. Limiting the term"and"to its usual conjunctive meaning to limit"Medical Centers"to those facilities that provide all three types of medical services does not render the Code meaningless or absurd. d. Arguments that the term"and"should be interpreted to mean the disjunctive "or"in this provision might be more persuasive if the Code did not expressly include other types of inpatient, outpatient, and related ancillary services in other use categories elsewhere in the Code. Outpatient medical facilities and other types of medical services CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 10 such as laboratories and blood collection centers are clearly included in the "Office" use described in TDC 18.130.060.L. Drug and alcohol treatment facilities are expressly included in the examples of"Group Living," "Transitional Housing.- and the exception for "Transient Housing."Nursing and convalescent homes, which may provide a type of residential inpatient treatment, are included in the ``Group Living" use. Medical centers as defined by TDC 18.130.050.G combine all of these uses in a single facility, hence the use of the conjunctive term "and.- In addition, ORS 174.020(2) provides that a specific provision must prevail over a general provision addressing the same issue. The examples of"Group Living," "Transitional Housing," and the exception for"Transient Housing" specifically mention residential drug, alcohol and mental health treatment facilities whereas the "Medical Centers"" definition includes a wide variety of medical services with no specific mention of drug, alcohol or mental health treatment facilities. e. The only examples of"Medical Centers" listed in TDC 18.130. 050.G(3) are "[h]ospitals and medical complexes that include hospitals." The facility is not a "hospital" as that term is commonly used. f. The applicant argues that the "drug and alcohol treatment facilities" described in the Code are different from the mental health and drug and alcohol treatment facility proposed in this case; the facilities permitted as transitional housing are limited to facilities serving the homeless or previously incarcerated persons. The proposed facility is a for-profit facility serving patients from the general population. Therefore this facility can only qualify as a Medical Center. However the language of the Code does not support such a distinction. The Code lists drug and alcohol treatment facilities in two different use categories and facilities for treatment of"[p]sychiatric, alcohol, or drug problems...," as an example of a third use category. The Code clearly anticipates a variety of drug, alcohol and mental health treatment facilities, not just facilities for persons "in transition." The hearings officer must interpret the Code in context and cannot consider individual provisions in isolation. 11. TDC 18.130. 060.D provides: Commercial Lodging. 1. Characteristics: Commercial Lodging includes for-profit residential facilities where tenancy is typically less than one month. 2. Accessory uses: Accessory uses commonly found are parking, restaurants and bars, meeting and convention facilities, and recreational facilities for guests such as pools and gym. 3. Examples: Examples include hotels, motels, rooming houses, and bed-and-breakfast establishments. 4. Exceptions: a. Does not include uses meeting the definition of Group Living or Transitional Housing. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 11 a. This is the only use category that does not expressly exclude the proposed facility. The proposed facility is a for-profit residential facility where tenancy is typically less than one month. However the primary purpose of the proposed facility is to provide mental health treatment, not residential housing. In addition, the facility is clearly inconsistent with the"Commercial Lodging" examples listed in TDC 18.130.060.D(3), "hotels, motels, rooming houses, and bed-and-breakfast establishments."Therefore the facility does not fall within the definition of"Commercial Lodging" in TDC 18.130.060.D. 12. TDC 18.130.060.L provides: Office. 1. Characteristics: Office uses are characterized by activities conducted in an office setting that focus on the provision of goods and services,usually by professionals. Traditional Office uses are characterized by activities that generally focus on business, government, professional,medical, or financial services. Office uses may include activities that, while conducted in an office-like setting, are less consumer-oriented and focus on the support of off- site service personnel or in the development, testing, production, processing,packaging, or assembly of goods and products. Medical, dental,veterinary offices are out-patient clinics which provide healthcare to humans or animals, characterized by a professional or group of professionals assisted by support staff. 2. Accessory uses: Accessory uses commonly found are parking and storage facilities. 3. Examples: Examples include government offices;medical, dental, and veterinary clinics and laboratories;blood collection centers; professional offices for attorneys, architects, engineers, stockbrokers, insurance brokers, and other consultants; headquarters offices; sales offices; radio and television studios; administrative offices for painting,building, and landscaping contractors; and software development firms. 4. Exceptions: a. Offices that are part of and are located within a firm in another use category are considered accessory to the firm's primary activity. a. The facility will provide medical care to humans by a professional or group of professionals assisted by support staff. But such care is provided on an in-patient basis. Medical office uses included in TDC 18.130.060.L are limited to out-patient facilities. Therefore the facility does not fall within the definition of"Office" in TDC 18.130.060.L. 13. TDC 18.130. 080.0 provides: CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 12 Detention Facilities. 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. 2. Accessory uses: Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities, and hobby and manufacturing facilities. 3. Examples include prisons,jails, probation centers,juvenile detention homes, and related post incarceration and half-way houses. 4. Exceptions: a. Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by police officers, are classified as transient housing. a. The applicant proposed to operate a secure facility where patients are supervised by staff and precluded from leaving prior to the end of treatment. However residence at the facility is not judicially required. Therefore the facility does not fall within the definition of"Detention Facilities" in TDC 18.130.080.C. b. TDC 18.130.080.C(4)(a)provides the following exception: Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing. i. As discussed in the January 23, 2017 "Order Re-Opening the Record," the proposed use clearly qualifies as "transient housing"as described in this exception. The express purpose of the proposed facility is to provide, "[t]reatment for psychiatric, alcohol, or drug problems, where patients are residents of the program..." Patients in the facility will be supervised by private medical staff, not police officers. Therefore, according to TDC 18.130.080.C(4)(a), the proposed use should be classified as "transient housing." However TDC 18.130.080.C(4)(a) is not a use category. It is merely an exception to the "Detention Facilities" use category. The Code does not include a "Transient Housing" use category. (A) The applicant argues that this exception is limited to, "facilities that provide judicially required treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by police officers..." p 4 of Mr. DeCristo's January 30, 3017 letter(italics in original). The hearings officer disagrees with this reading. This section provides an exception to facilities for judicially required detention. The exception makes no mention of the "judicially required" provision. In addition, this exception refers to "patients," not CUP2016-00004 VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 13 "detainees," "inmates," or"prisoners."The hearings officer finds, based on the plain meaning of the words in the Code, that the "judicially required"provision is inapplicable to this exception. (B)The applicant further argues that this exception is intended to apply to facilities operating under Oregon's Behavioral Rehabilitation Services(BRS)rules. However the applicant failed to provide any evidence demonstrating how facilities operating under the BRS rules fall into this exception and the proposed facility does not. Presumably patients of facilities operating under the BRS are there pursuant to a judicial order. However, as discussed above,judicial confinement is not required for this exception. The proposed facility is intended to provide, "[t]reatment for psychiatric, alcohol, or drug problems, where patients are residents of the program..."and patients in the facility will not be supervised by police officers. The exception does not require adjudication or any other requirements. Therefore the proposed facility appears to fall squarely within the scope of this exception. ii. Unfortunately the term "transient housing"is not used anywhere else in the Code. It appears that the term "transient housing"is a typographical error and this section was intended to use the term, "transitional housing." Such an interpretation would be consistent with the example of"transitional housing" in TDC 18.130.040.C(3), which includes, "[d]rug/alcohol treatment facilities." However the examiner has no authority to rewrite the code and correct this apparent typographical error. Weston Kia v. City of Gresham, LUBA 2014-085. Consequently the Hearings Officer cannot find that the proposed use constitutes"transitional housing"definition in TDC 18.130.040.C(3), based on the example of"transient housing" used in 18.130.080.C(4)(a). Therefore the hearings officer cannot find,based on this exception, that the proposed use qualifies as either transient or transitional housing. The use clearly qualifies as"Transient Housing" as defined in this exception. However the Code does not include a"Transient Housing" use category. 14. In order to approve this CUP application the hearings officer must find that the use complies with the CUP approval criteria in TDC 18.330.030.A. The hearings officer finds that the application complies with TDC 18.330.030.A(1), (2), (3), (5)and (6),based on the affirmative findings in the Staff Report. The hearings officer adopts those findings as his own. 15. The hearings officer cannot find that the application complies with TDC 18.330.030.A(4), "The applicable requirements of the zoning district are met except as modified by this chapter." The site is zoned C-P. TDC Table 18.520-1 lists the uses that are permitted,restricted, conditional,or prohibited in the C-P zoning district. Uses are listed in the table based on the use categories set out in TDC 18.130. As discussed above, the proposed inpatient mental health and substance abuse disorder treatment facility does not fall into any of the listed use categories. Therefore the hearings officer cannot find that the proposed use complies with the requirements of the C-P zone and that the requirements of the C-P zone are met. CUP20I6-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 14 16. TDC 18.130.030 gives the director exclusive authority to interpret the Code to determine whether an omitted or unanticipated use would have been permitted in a zoning district if the use had been contemplated, based on the approval criteria in TDC 18.130.030.0 and the procedures in TDC 18.340. If the applicant obtains a final planning director determination that the proposed use is permitted in the C-P zone, this CUP can be approved. Therefore the hearings officer can approve this CUP application subject to a condition of approval requiring a final planning director interpretation that the proposed use is allowed in the C-P zone. a. TDC 18.340.020.D requires the director mail notice of an interpretation decision. "No the person requesting the interpretation and any other person that has specifically requested a copy of such interpretation." Appeals of the director's interpretation are limited to the applicant and any party who received notice or participated in the interpretation process. TDC 18.340.020.E. The question subject to interpretation, whether the proposed inpatient mental health and substance abuse disorder treatment facility is allowed in the C-P zone, was the primary issue in this case. Therefore the hearings officer finds that the director should be required to mail notice of the interpretation to all persons who testified orally or in writing regarding this CUP application. 17. The City argued that denial of this application may constitute a violation of the federal Fair Housing Act (the "FHA"). The City cites to a prior case where Cascadia Behavioral HealthCare Inc. ("Cascadia")proposed a transitional housing use in the R-4.5 zone. Transitional housing was not allowed in the R-4.5 zone. The FHA required the City to grant a reasonable accommodation to allow the use in the R-4.5 zone. The hearings officer understands the City's concerns. However the hearings officer has no authority to implement or interpret the FHA. The hearings officer's authority is limited to implementation and interpretation of the Tigard Development Code. In addition, this case appears significantly different from the Cascadia decision cited by the City. The Cascadia decision involved a residential treatment facility proposed in a residential zone(R-4.5) where housing is a permitted use. This case involves a residential treatment facility proposed in a commercial zone where housing is generally prohibited.;Therefore the FHA may be inapplicable in this case. 18. The applicant testified that the facility will not provide treatment of patients with a history of sex offense, violence, or running away. A condition of approval is warranted to that effect. 19. The applicant requested a variance to the rear yard setback requirements for medical centers. As discussed above, the proposed use does not constitute a "medical 3 Residential development at a minimum density of 32 units/acre is permitted in conjunction with commercial development on C-P zone land in the Tigard Triangle and Bull Mountain Road Districts.TDC 18.520.020.D. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 15 center" as defined by TDC 18.130..050.6. The proposed use complies with the standard setbacks for permitted uses in the C-P zone. Therefore the variance request may be moot. However the director could presumably interpret the proposed use to be similar to the medical center use and therefore subject to the medical center setbacks. The hearings officer finds that, to the extent this facility is subject to the medical center setbacks it complies with the approval criteria for a variance from those setbacks,based on the findings in the Staff Report. D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the proposed inpatient mental health, drug and alcohol treatment facility does not fall within any of the use categories listed in TDC 18.130. Therefore this application can only be approved if the applicant obtains a final planning director interpretation that the proposed use is permitted in the C-P zone, pursuant to the approval criteria in TDC 18.130.030. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP2016-00004 &VAR2016-0004(Madrona Recovery Center) subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK,INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: 1. The applicant shall apply for and obtain final approval of a director interpretation that the proposed inpatient mental health,drug and alcohol treatment facility is permitted in the C-P zone,based on the approval criteria in TDC 18.130.030.C. a. The director shall mail notice of the interpretation to all persons who testified orally or in writing regarding this CUP application. 2. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address each of the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher, 503-718-2434.The cover letter shall clearly identify where in the submittal the required information is found: a. Prior to site work,the applicant shall provide a fee in the amount of$518 for the city's cost of collecting and processing the inventory data for the entire urban forestry plan of 14 existing retained trees, $154.00 first tree+ $364.00($28 each additional x 13)_$518. CUP2016-00004& VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 16 b. The applicant shall submit a service provider letter from Pride Disposal verifying the existing enclosure is adequate for the proposed medical center use and accessible for service. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: 2. The applicant shall contact the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher 503-718-2434. a. The applicant shall call for a final planning inspection to ensure the project was completed as shown on the approved plan. b. The applicant shall install clearly visible address numbers on the site for emergency responders. THE APPLICANT SHALL OPERATE THE FACILITY CONSISTENT WITH THE FOLLOWING CONDITIONS: 3. The facility shall not provide treatment of patients with a history of sex offense, violence, or running away. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this t_day of February 2017. Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2016-00004 8c VAR2016-0004 Hearings Officer Final Order (Madrona Recovery Center) Page 17 BOWERSOX L ' ' t RC vi Jeffrey A.Bowersox Jef$ey(abowersoxIaw.com February 27, 2017 Via Hand Delivery Director City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Notice of Appeal CUP 2016-00004 and VAR 2016-00004 Madrona Recovery Center Greetings: On behalf of property owner Autonome ASR, LLC, I enclose: 1. Notice of Appeal, with its four page"Exhibit 1" to be filed in this matter; and 2. The required filing fee in the amount of$3,372.00. Sin 1 - , OWERS• rt. ,P.C. :o ersox JAB:ms Enclosures Phone:(503)452-5858 6960 SW Vams Street,Suite 200 Website:www.BowersoxLaw.com Fax:(503)345-6893 Portland,OR 97223 - G 1-- 1‘ it 1 t tom... r rim _ i City of Tigard IIIIIII COMMUNITY DEVELOPMENT DEPARTMENT frta $ F titt ,, .. , ! Land Use Decision Appeal Filing Form TIGAtZt) The City of Tigard supports a citizen's right to participate in local REQUIRED SUBMITTAL government.The Tigard Community Development Code,therefore, ELEMENTS sets out specific requirements for filing appeals on certain land use decisions. [Filing Fee [ Narrative (address criteria l 8.32f )4t).G.2.a u.) Property address/location(s): 6996 - 7000 SW Varns Street, Tigard, OR 97223 Case No.(s): Deadline of appeal: February 7 7, 2 fa 1 7 Case Name(s): Interest in proposal (applicant, neighbor, etc.): neighboring Related Case No.(s):CU P2C)i(0-(xxx)tA property owner at 6960 SW Varns Street, Appeal fee: 3 3.-1 2 Tigard, OR 97223 Date decision final: Autonome ASR, LLC Notice of final decision: Appellant's name: by: Jeffrey Bowersox, Member Business: Commercial-Professional Office Leasing D TyPe1Director's Decision to Address: 6960 SW yarns Street HO/ PC Tigard, OR 0 Expedited Review(Deposit):Zip: 9 7 2 2 3 �;HO/PC to Cil)Council: Ph#: 503-452-5858 .mom, 1jeffrey@bowersoxlaw.com Application accepted: Specific reasons for appeal or review: By; -' Date:212 711 i Appellant ' s specific reasons for appeal l_ta,xPtN u..suK af.ioro:rmo or review are contain in the attached Exhibit 1, which by this reference is incorporated herein. Autonome, ASR, LLC e/leli'i /j By: Jeffrey A. Bowersox, Member 02-27-2017 Ap. ,ant ss''�ature Print name and title Date City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 1 EXHIBIT 1 -NOTICE OF APPEAL Autonome ASR, LLC ("Autonome") appeals the City land use hearings officer's Final Order, dated February 13, 2017, approving Madrona Recovery Center's ("Marone") conditional use permit and variance applications, CUP2016-00004 &VAR2016-0004, for a 23-bed inpatient mental health and substance abuse disorder treatment facility(the "Application") on the following grounds set forth below. This notice of appeal provides the notice of appeal contents required by Tigard Development Code("TDC") 18.390.040.G.2.a.ii. A. An identification of the decision being appealed, including the date of the decision. As noted above, the decision being appealed is a decision by the City land use hearings officer, dated February 13, 2017, approving the Application. Madrona's conditional use permit and variance applications, CUP2016-00004 & VAR2016-0004. B. A statement demonstrating the party filing the notice of appeal has standing to appeal. Autonome has standing to file the notice of appeal because it owns the property adjacent to Madrona's proposed development and appeared orally and in writing before the hearings officer. C. A detailed statement of the specific issues raised on appeal. 1. The hearings officer was required to deny the Application since he specifically concluded that the proposed use does not qualify as a conditional use in the zoning district. The most fundamental and important issue when reviewing a conditional use permit application is determining if the proposed use qualifies as a conditional use in the applicable zoning district. It was the central issue before the hearings officer in this case. The subject property is zoned Professional Commercial (C-P). Madrona requested conditional use permit approval based on its assertion that the proposed use qualifies as a"medical center," which is allowed as a conditional use in the C-P zone. TDC Table 18.520.1. Although other potential use categories were discussed during the hearing process, Madrona was adamant that the only use category it qualified for is a medical center. The hearings officer rejected this characterization of the proposed use and concluded that it does not qualify as a medical center, or any other type of use allowed in the C-P zone. He explained that it cannot qualify as a "medical center"because it is exclusively an inpatient facility and lacks the"outpatient and emergency ... services to the sick and inform," which are a necessary components under the definition. TDC 18.130.050.G(1). The hearings officer evaluated a number of other potential uses and concluded that the proposed use does not qualify as any of the permitted, restricted or conditional uses allowed in the C-P zone. Once the hearings officer concluded that the proposed use does not qualify as a medical center or any other use allowed in the C-P zone, he had no choice but to deny the Application. Madrona requested approval as a medical center and did not even ask the hearings officer to consider other 1 use categories, so determining that it does not qualify as a medical center alone is grounds for denial. Since the hearings officer evaluated other uses and concluded that the proposed use does not qualify as any of the uses allowed in the C-P zone, there is simply no legal basis for approving it as a conditional use. If the proposed use does not qualify as any of the conditional uses allowed in the C-P zone, it cannot be approved as a conditional use and the Application must be denied. 2. The hearings officer cannot defer the use issue to a subsequent director's interpretation determination. Notwithstanding the hearings officer's determination that the proposed use does not qualify as a medical center or any other conditional use allowed in the C-P zone, the hearings officer approved the Application subject to Madrona obtaining a subsequent planning director interpretation that the proposed use is a permitted use in the C-P zone. There are multiple reasons why the hearings officer did not have the authority to defer the use issue to a separate director's interpretation process. The hearings officer has exclusive jurisdiction to determine in the first instance if the proposed use complies with the conditional use permit criteria. TDC Table 18.390.1. It was his responsibility, and his alone, to determine whether or not the proposed use qualifies as a conditional use. The hearings officer did not have the authority to transfer that responsibility to the director, especially when he already concluded that the proposed use does not qualify as an allowed conditional use in the C-P zone. Once had made that determination, the only decision he had the authority to make was to deny the Application. The hearings officer cannot defer the use issue because different uses have different approval standards under the conditional use criteria in TDC 18.330.050. It is not possible to determine compliance with the size, dimensional, setback, offstreet parking and related approval standards until the City determines the appropriate use classification. The hearings officer erroneously reviewed the Application for compliance with the standards applicable to medical centers even though he concluded the proposed use cannot qualify as a medical center. The hearings officer cannot defer the use issue to a subsequent director's interpretation process because that process does not provide the same procedural rights. In order to defer an issue of compliance to a subsequent process, that later process must provide for the same public notice and opportunity to participate as the underlying process. Moreland v. City ofDepoe Bay, 48 Or LUBA 136, 153 (2004); Sisters Forest Planning Committee v. Deschutes County, 45 Or LUBA 145, 154-55 (2003); Rhyne v. Multnomah County, 23 Or LUBA 442, 447 (1992). The director's interpretation process clearly does not provide the same opportunity to participate as the Type III conditional use process. The director's interpretation is a considered a"Special kind of decision" that is a Type I process unless the applicant appeals: "Type I if not appealed, Type II if appealed by applicant." TDC Table 18.30.1. Unless Madrona appeals, Autonome will have no local appeal rights because a Type 1 decision "is not appealable locally, and is the final decision of the city."TDC 18.390.030.D.. Neither the Type I procedures nor the director's interpretation procedures even provide an opportunity for non-applicant parties to comment. The director's interpretation process is clearly not equivalent because it does not provide an opportunity to comment, a public hearing or any appeal rights. 2 Even if Madrona could rely on a director's interpretation to address the use issue, it was required to do so before or concurrently with the conditional use permit application. TDC 18.340.010 defines the director's interpretation as a process for"resolving these ambiguities in advance of or concurrent with applying for a particular permit or other action." (Emphasis added). That way the use issue will have already been addressed by the director and can be properly factored into the conditional use permit criteria. It is not a process intended to address the use issue after the underlying land use permits have already been approved. 3. The hearings officer erred in concluding that Madrona demonstrated compliance with TDC 18.330.030.A.3 given the lack of any traffic impact analysis. Madrona was required to provide a traffic impact study and demonstrate that the surrounding transportation system has adequate capacity to serve the proposed use. TDC 18.330.030.A.3 requires all conditional uses to demonstrate that"all required public facilities have adequate capacity to serve the proposal. In order to address this requirement, TDC 18.390.050.B.2.e requires all Type III applicants to provide an impact study that quantifies the effect of the development on public facilities and services, and must address"at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development." (Emphasis added). Additionally, TDC 18.810.020.A provides: "No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available." The transportation system is one of the public facilities that Madrona must demonstrate has adequate capacity to serve the proposed use. Madrona cannot demonstrate compliance with these approval criteria because they never provided the City a traffic impact study. Without some evidence identifying the current capacity of the surrounding transportation system and analyzing the additional traffic impact this facility will create, there is no evidentiary basis for concluding that the proposed development satisfies TDC 18.330.030.A.3. The hearings officer erred in addressing this approval criterion. The hearings officer erroneously concluded that traffic impacts are not relevant because the road providing direct access to the property is private. Regardless of whether or not the access road is private, TDC 18.330.030.A.3, 18.390.050.B.2.e and TDC 18.810.020 all require the applicant to demonstrate that the surrounding public transportation system has capacity to accommodate the proposed use. The private access road connects to the public transportation system, so Madrona is still required to provide a traffic impact study to address the impacts on the public transportation system. D. A statement demonstrating that the specific issues raised on appeal were raised during the comment period. As noted in the hearings officer's decision, Autonome raised the specific issues on appeal during the hearings officer's process. Autonome argued that the proposed use was not an allowed use in the C-P zone and therefore the hearings officer was required to deny the application. Autonome 3 also argued that Madrona failed to demonstrate that the surrounding transportation system has adequate capacity to serve the proposed use. E. Filing Fee. The notice of appeal includes a filing fee for the appeal in the amount of$3,372, the appeal filing fee provided by the City. 4 d J n// W Z T Zoee Lynn Powers X z zpowers@radlerwhite.com U971-634-0215 Q`� March 21, 2017 Q Tigard City Council CL 13125 SW Hall Blvd. W Tigard, OR 97223 H Z RE: Madrona Recovery Center(CUP2016-00004&VAR2016-0004) DC Mayor and Councilors: Madrona Recovery("Madrona")seeks approval of a Conditional Use Permit changing the use of an existing commercial office complex to a medical center—specifically an adolescent mental health and substance use disorder treatment facility—at 6996-7000 SW Varns Street.The proposal is for an • adaptive reuse and interior remodeling of properties that have been vacant for three years, under • application numbers CUP2016-00004&VAR2016-0004.The facility is designed to provide high-quality, short-term,trauma-informed care to stabilize youth in crisis and work with the youth and their families to bridge care from an emergency,to inpatient care at the property,and finally to ongoing outpatient • support.The Hearings Officer approved the Conditional Use Permit("CUP")application in a Final Order dated February 13,2017,subject to conditions. . I. Madrona is a Medical Center Type Use The CUP process is designed to analyze the site suitability and impacts of the proposed use on s the neighborhood and public facilities.TDC 18330.030.A. In this case,the Hearings Officer did that analysis,followed the CUP process, meticulously examined this proposed use and its minimal off-site impacts,and, after consideration of those factors,approved the CUP. The reason we are in front of City Council now is that the Hearings Officer had questions about classifying Madrona as a"Medical Center" use and, because of his uncertainty, he requested another review to make that classification decision.We ask that City Council agree with the planning staff's interpretation of the code that this is a "Medical Center"type use for the following reasons. Under the code,a "Medical Center" use has the"characteristics"of"providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm[.]"TDC 18.130.050.G.1. The listed "characteristics" of a use in the code,of course,cannot cover every possible use. Rather, "[u]ses are assigned to the category whose description most closely describes the nature of the primary use."TDC 18.130.015.A.1. The Hearings Officer felt uncomfortable being the final decision-maker that classified Madrona Recovery as a Medical Center use.The Hearings Officer conditioned the approved CUP on Madrona seeking a Director's Interpretation to place the proposed use in the"Medical Center"category.That {00650107;3} j Tigard City Council March 21, 2017 W a Page 2 — Z< XDirector's Interpretation process, however, is for"omitted" uses that were"unanticipated"or "unintentional[ly] omi[ted]." For example, if the code had been written before the internet,an Internet a café use would have been unintentionally omitted because that category of uses simply had not existed before. In this case,there is an existing use category with characteristics that"most closely describe[] the nature of the primary use": Medical Center.As noted,a "Medical Center" use has the "characteristics" of"providing inpatient,outpatient,and emergency and related ancillary services to the Lu sick and infirm[.]" Madrona Recovery will do all these things for its patients. = First,as with any medical center, most patients and their families will come to Madrona in an emergency situation stemming from a mental health or substance abuse emergency.See"Emergency" at Webster's Third New International Dictionary, Unabridged,Web: 19 Mar 2017("an unforeseen w -al combination of circumstances or the resulting state that calls for immediate action"). Madrona's written admission criteria clearly articulates the emergent nature of the conditions it treats. For example,a child would be a candidate for admission if they presented with suicidal ideation,self-endangering behavior, substance abuse,or an inability to maintain adequate nutrition or self-care. Madrona triages and addresses immediate safety needs of these patients,such as by medicating for detoxification, monitoring for signs of withdrawal,and providing emergency counseling services and constant monitoring. Second, Madrona will provide short-term inpatient treatment to stabilize patients.Therapists, counselors,a nursing team,and a psychiatrist will provide care 24 hours a day,seven days a week, generally for 14 to 21 days depending on the patient's needs. Patients undergo a psychiatric evaluation, a thorough history and physical,a nursing assessment and laboratory tests,a chemical dependency assessment, a nutritional assessment,and other evaluations.As problems are identified,their treatment needs are prioritized,and strategic interventions are implemented. Third, Madrona helps its patients to successfully transition from its structured inpatient program to outpatient supports and services in their home communities.This outpatient service provides the continuity of care that patients critically need to maintain the gains they have achieved during their inpatient stay. Utilizing advanced telemedicine technologies, patients and their families are provided ongoing therapy from their counselor at Madrona via secure video-conferencing,an approach which increases patient chances of continued treatment success and reduces traffic to and from the site. Finally, Madrona will provide"ancillary services,"including administrative services, kitchen and dining services, housekeeping and maintenance,as well as fitness and activity programing. Madrona frequently describes their services as a "bridge"that allows patients and their families to move from crisis situations,through an intensive impatient program, into a supported outpatient treatment,and ultimately back to leading healthy full lives.Just as a patient with a broken leg may initially go to urgent care for emergency services and then have a period of inpatient treatment for surgery with outpatient follow up,these mental health and substance abuse disorder patients follow a similar path to recovery through Madrona. {00650107;3} a. Tigard City Council March 21,2017 W a Page 3 Za XThe Tigard Planning Staff came to the same conclusion: "The City believes that the proposed Lu �? recovery center is characterized as Medical Center. . . ." Gary Pagenstecher,Associate Planner, City of Q Tigard Memorandum:Request from the Hearings Officer for a Use Category Interpretation for the Madrona Recovery Center Conditional Use(January 31, 2017). If City Council cannot conclude today that this is a Medical Center within the meaning of the code, Madrona can obtain a Director's Interpretation formalizing the opinion of the Planning Staff. Q d II. Autonome ASR,LLC's Appeal = Autonome ASR, LLC("Autonome")is the property holding entity on the site next to the proposed use,and the only neighbor who has objected to Madrona's proposed medical center. OG J The majority of Autonome's arguments—that the Hearings Officer needed to decide this was a Q Medical Center use and that he could not defer the issue to a Director's Interpretation—are not correct pQ� because the City Council has the authority to make the use interpretation in this appeal.TDC 18.930.050.City Council will take testimony and evidence on the issue of the correct use, possibly including evidence not presented to the Hearings Officer,and will make a decision on the CUP application. In fact, rather than the code conferring on the Hearings Officer"exclusive jurisdiction"to decide on a conditional use,as Autonome asserts,the definition of"conditional use" provides for an "approval authority"to make the decision following a public hearing,and an "approval authority"can be"either the director,the initial hearing body,or the council,depending on the context. . . ."TDC 18.120.030.22. The context here is the appeal of a Type III procedure,and City Council is empowered to decide that this is a Medical Center use and finalize the approval of the CUP. Although irrelevant at the City Council level, it merits mentioning that Autonome seems to have missed important code sections when it states that a Director's Interpretation would mean "Autonome will have no local appeal rights."Chapter 18.340,titled "Director's Interpretations," provides that"[t]he applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the director's Interpretation to the city council within 14 days. . . ."TDC 18.340.020.The notice of appeal is pursuant to TDC 18.390.040.G.2,exactly the same as the procedure to appeal that Autonome used to file the present appeal to council. Finally, it is unclear why Autonome believes Madrona did not provide the required impact analysis for the CUP application.As part of the Type III procedure for initial CUP applications under TDC 18.330.020.A, Madrona submitted the required impact study"quantify[ing]the effect of the development on public facilities and services."TDC 18.390.050.6.2.e. If Madrona had not submitted this paperwork,the application would not have been accepted as complete.The Impact Study and Traffic Impact Statement are attached as Exhibit A for convenience.Autonome states that Madrona never analyzed "the additional traffic impact this facility will create"—when, in fact,the attached Traffic Impact Statement concluded that the current general office use would produce 120 trips per day and the new, proposed use would produce only 62 trips per day.The Staff Report,dated January 2,2017, shows that"the City's Engineering review did not identify any outstanding public facility capacity issues {00650107;3} Tigard City Council March 21,2017 W Page 4 with the fully developed site [and that]there is adequate capacity in the public facilities that serve the „W., ° site."Staff Report, p.5. Q Ill. Conclusion N at Madrona asks that City Council classify its proposed use as a Medical Center and finalize the approval of the Conditional Use Permit for 6996-7000 SW Varns Street. W H Z DG Sincerely, W CI oee Powers {00650107;3} EXHIBIT A Impact Study and Traffic Impact Statement Traffic Impact Statement 6996 & 7000 Vams Street Tigard, Oregon 97223 The existing buildings total approximately 10,296 square feet of usable office space. One of the buildings has an unfinished basement that was used for storage. Based on ITE manuals, a general office produces 11.7 daily trips per 1,000 gross square feet. In its existing use this would produce 120 trips per day. The proposed use will be a total of 23 beds of inpatient medical rehab. The ITE classifies this as a Nursing Home with a land use code of 620. The average daily trips is 2.7 trips per bed. This would put the average daily traffic at 62 trips per day. All use classifications are based on the ITE manual and are not meant to match the City of Tigard's land use classifications. The closest use was selected from the ITE list of uses. As you can see this is a reduction in traffic over the existing use of the buildings. {00650107;3} EXHIBIT A CONT. Madrona Recovery Center Impact Study 6996 & 7000 SW Vams Street Tigard, Oregon 97223 This document will address the impact that this project will have on the public and private infrastructure within the City of Tigard, Washington County and Clean Water Services. The project is a conversion of two existing office buildings. The North building is a two story building with a basement. The two above grade floors have a total of 6,899 square feet with the basement being 2,459 square feet. The Southern building is two stories with no basement. The total square footage of the South building is 3,397. The previous use of the building was office space and more specifically they were law offices for a single tenant. The new use will be an inpatient adolescent mental health and substance use disorder treatment center. The nature of the proposed use is much less taxing on public infrastructure in many ways and will be discussed in more detail in the following statement. Transportation System: As offices, the existing buildings could employ approximately 40 workers that mainly work 8 a.m. to 5 p.m. Monday to Friday. The treatment center will have 32-35 employees. There will be approximately 10 employees per shift and the center will be open 24 hours a day. The overload on the street system will be less than the previous use at peak hours. This use should have approximately 20-30 peak trips in the AM and PM hours. Bikeways: New bike racks will be installed on the property to meet the City requirements. The nearest bike lanes and bus lanes are located on SW 72nd Avenue, which is less than 0.5 miles from the site. No patients of the facility will have access to public transportation during their time at the center. {00650107;3} EXHIBIT A CONT. Drainage System: The site currently has a public storm sewer conveyance system on the north side of the private access easement that is against the Southern ramp to Highway 217. The site also has a storm water quality and detention area that was built when the second building was constructed about 8 years ago. There will be a small amount of impervious surface added to the site for a single basketball hoop. This small addition can have the storm water treated and managed by the existing facility. Parks: The closest park to the site is Potso Dog Park. It is about a 0.6 mile walk from the site. The nature of this business does not negatively affect the park system. The buildings are secured for safety and all outdoor activity are secured to the site for the patients. Water and Sewer System: The two buildings are currently served by the public water system. This use will, by nature, use more water. The following usage per day is based on the industry averages for the specific fixtures. The use may be more or less than approximated based on the building patient load and time of day. The North building will add three wash sinks, three toilets, one clothes washer and one shower. The South building will add one wash sink and one toilet. Based on industry averages these added fixtures could add between 300 —400 gallons of water per day to the existing use of the site. {00650107;3} City of Tigard ,G A R D Memorandum To: Joe Turner, City of Tigard Hearings Officer From: Gary Pagenstecher,Associate Planner Re: Request from the Hearings Officer for a Use Category Interpretation for the Madrona Recovery Center Conditional Use (CUP2016-00004/VAR2016-00004) Date: January 31, 2017 Description of the proposed use, as described by the applicant: "The proposed Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility. This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care. The program goal is to provide short-term, high-quality, trauma-informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13-17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. The facility will be staffed by therapists, milieu counselors (mental health techs), a nursing team and a psychiatrist who specializes in working with adolescents and their families. With an overall staff of 32-35 people providing 24/7 care, the average number of staff per shift is about 10." City's comment on whether the use category Medical Center or Transitional Housing is more consistent with the proposed use: The following is the process described in the code for determining which use category is assigned to a particular land use. 18.130.015.A Considerations 1. The "Characteristics" subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. . . . 2. The following items are considered to determine what use category the use is in, . . . a. The description of the activity(ies) in relationship to the characteristics of each use category; Section 18.130.015.D discusses the use of examples and states that "the names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself." Thus, when seeking to determine the appropriate use category, the "Characteristics" section takes precedence and controls over the generic and non-binding "Examples" section. This method of interpretation is consistent with the City's practice. For this specific case, the following is a description of staff's evaluation of the proposed use compared with each use category identified in the Hearings Officer's Continuance Order: 18.130.050.G Medical Centers 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. The City believes that the proposed recovery center is characterized as Medical Center because it provides inpatient and related ancillary services to the sick (mentally and/or substance abuse) and because the two-building facility provides a campus-like setting. The proposed activity, "to provide short term inpatient treatment that will prevent patients from entering higher levels of care" best matches the characteristics of the Medical Center Use Category, "facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm." 18.130.040.0 Transitional Housing 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living, but with tenancy less than 45 days. The City believes that this category is not applicable because the proposed use is 1) for profit and 2) not as clear a fit with the characteristics description. Medical Centers specifically describes inpatient treatment,whereas Transitional Housing does not. 18.130.080.0 Detention Facilities 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. The City believes that this category is not applicable because the proposed use is not judicially required and is therefore not consistent with the characteristics for Detention Facilities, and does not warrant any further reading of the category. City of Tigard T, A R o Memorandum To: Mayor Cook, and City Councilors From: Gary Pagenstecher,Associate Planner Re: Public Hearing for Appeal of Hearing's Officer Decision to Approve Madrona Recovery Center CUP2016-00004/VAR2016-00004 Date: March 21, 2017 The following is a revised finding to address the Appellant's third assignment of error: 3. The hearings officer erred in concluding that Madrona demonstrated compliance with TDC 18.330.030.A.3 given the lack of any traffic impact analysis. TDC 18.330.030.A.3 states: All required public facilities have adequate capacity to serve the proposal; Pursuant to I8.390.050.B.2.e, the applicant provided an Impact Statement summarizing that trip generation would be reduced under the proposed medical center use from the prior office use of the site. The applicant also provided a Traffic Impact Statement showing the ITE Manual trip generation for the proposed medical center use would be approximately half of what was permitted under the existing office use. Pursuant to 18.810.020.A, proposed development must address the applicable standards in 18.810 for potential impacts to Streets and Utilities. Since the site does not have frontage on a public street (Varns terminates into a private drive), public streets improvements are not applicable. The City's Engineering review did not identify any outstanding public facility capacity issues with the fully developed site. Therefore, there is adequate capacity in the existing public facilities that serve the site. This criterion is met. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION AND FINAL ORDER APPROVING THE MEDICAL CENTER USE IN THE PROFESSIONAL COMMERCIAL (C-P) ZONE, ADOPTING SUPPLEMENTAL FINDINGS IN SUPPORT OF COUNCIL'S DE I'LRMINATION, AND DENYING THE APPEAL OF THE HEARINGS OFFICER'S FINAL ORDER NO.CUP2016-00004/VAR2016-00004. WHEREAS, The Hearings Officer initially reviewed this case at a public hearing January 9, 2017 and kept the record open for additional testimony by the applicant and the City on the question of the "medical center" use classification;and WHEREAS,The Hearings Officer issued a Final Order No. CUP2016-00004/VAR2016-00004 approving the application with a condition requiring the applicant to obtain a Director's Interpretation approving the proposed use as permitted in the C-P zone;and WHEREAS, Staff mailed notice of Final Order CUP2016-00004/VAR2016-0004 to interested parties on February 13,2017. WHEREAS, the Appellant,Autonome ASR,LLC, by Jeffrey Bowersox, having standing to appeal, timely filed a Notice of Appeal on February 27,2017;and WHEREAS, City Council held a public hearing on the appeal on March 28, 2017,which was continued at the request of the Appellant to April 4,2017;and WHEREAS, City Council concluded at the April 4, 2017 hearing that the proposed "medical center" use is permitted in the C-P zone,addressed the substantive traffic issue on appeal,and denied the appeal. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council denies the Autonome appeal of Madrona Recovery Center, CUP2016-00004/VAR2016-00004. SECTION 2: The City Council adopts the Hearings Officer's Final Order, except insofar as the Hearings Officer concluded the proposed facility was not a medical center. Council finds the proposed facility is most closely described in Code as a medical center and is a permitted use in the C-P zone. Council further adopts the supplemental findings attached hereto as Exhibit A and incorporated herein by this reference. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2017. RESOLUTION NO. 17- Page 1 Mayor- City of Tigard A 1"l'EST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 2 '''':_ ,w,. ' >i to �* ' + r { ' - , /. Shared Private Drive 'I \ 'f' with properties to the south •,, t+;� � : a` k ti.6. a r .+i ile �� ,1, !�� I 4, am �� UU�1 Madrona Recovery Center Site s i r 7110 . 6981 € 695£3 r 7164 7164 tli4 7 � 1 '1,,-;'",' 6960 y 7164 a , 7164 s r` ° 11160 '4 " ' liS4 I U e a " L -- City of Tigard Memorandum To: Joe Turner, City of Tigard Hearings Officer From: Gary Pagenstecher,Associate Planner Tom McGuire,Assistant Community Development Director Re: Request from the Hearings Officer for a Use Category Interpretation for the Madrona Recovery Center Conditional Use (CUP2016-00004/VAR2016-00004) Date: February 7, 2017 The City is concerned about the potential for the Hearing's Officer to make a determination that this proposal falls into the Transitional Housing use category. First, staff disagrees that Transitional Housing is the correct use category for all of the reasons stated in our memo. Second, if the Hearings Officer does make that determination it puts the City in violation of the Fair Housing Act and we would likely be forced to make an accommodation as we did for Cascadia Behavioral HealthCare Inc. (Cascadia). Cascadia was a proposal for a use that definitely fell into the Transitional Housing use category and was also proposed within a zone that did not allow Transitional Housing uses. Cascadia filed for a reasonable accommodation under the Fair Housing Act under the contention that the Community Development Code's (CDC) prohibition of Transitional Housing in the R-4.5 zone prevented Cascadia's operation of a licensed residential home providing mental health crisis respite services, and is therefore discriminatory towards people with disabilities. Under the accommodation (MI52015-00007), the City had to allow for operation of Cascadia's proposed facility at that location. Staff feels the City would be in a difficult position if the proposal is denied based on a determination of it being a Transitional Housing use. If it comes to that, the City asks the Hearings Officer to allow the City to provide a similar accommodation to the one granted to Cascadia and then proceed with the Conditional Use based on that. -' - ',„j- ARCHITECTS February 7, 2017 Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer do Gary Pagenstecher, Case Planner City of Tigard, Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Response to Additional Testimony Order Re-Opening the Record CU P2016-04 & VAR2016-07 Madrona Recovery Center Mr. Turner, Enclosed please find Madrona Recovery Center's response to additional testimony submitted by Jeffrey Bowersox, for Autonome ASR, LLC, on January 31, 2017. The applicant, Madrona Recover Center's, responses are in and have been inserted into the written Autonome ASR, LLC testimony as a means to provide efficient and direct clarification or response to statements and opinions made by Mr. Bowersox's as part the of Autonome ASR, LLC testimony. Respectfully submitted, Gretchen Stone Project Coordinator, CB Two Architects enclosures CBI Two Architects LLC 1500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Madrona Recovery responses are in red. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Madrona Recovery for ) CUP2016-04& conditional use in commercial/professional zoning ) VAR2016-04 and for variance of setback ) The hearings officer has issued an order reopening the record in the above-referenced matter until 5:00 PM Tuesday, January 31, 2017 for the limited purpose of allowing all parties to submit additional testimony and evidence regarding the apparent Code conflict identified in his Order. Autonome ASR, LLC offers the following testimony, exhibits and argument in opposition to applicant's proposed categorization of its facility as a "Medical Center" and/or the granting of a conditional use or variance for applicant's proposed facility. The code conflict identified by the hearings officer points out the various uses defined by the Code. Applicant's proposed conditional use in the commercial professional (C-P)zone would require the hearings officer to determine that the evidence establishes that applicant's proposed facility meets the definition of a medical center which is conditionally permitted in the C-P commercial zone (Table 18.520.1) as a civic (institutional) facility. Applicant's request for a conditional use in the C-P zone also requires the hearings officer to determine that the characteristics of the proposed facility do not have the characteristics of a residential use category of group living or transitional housing, both of which are not permitted in C-P zones (Table 18.520.1) Likewise, applicant's request for conditional use of its facility in the C-P zone requires that the hearings officer determine that the proposed facility is not most characteristic of an"other"use category defined as detention facilities, which are also not permitted in the C p zone. (Table 18.520.1) Chapter 18.130.015 Classification of Uses "A. Considerations. The 'Characteristics' subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. A primary use is the activity, or combination of activities of chief importance on the site, and the main purposes for which the land or structures are intended, designed or ordinarily used. *** " 18.130.15 A. 2. states: "2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: a. The description of the activity(ies) in relationship to the characteristics of each use category; b. The relative amount of site or floor space and equipment devoted to the activity; c. Relative amounts of sales from each activity; d. The customer type for each activity; e. The relative number of employees in each activity; f. Hours of operation; g. Building and site arrangement; h. Vehicles used with the activity; i. The relative number of vehicle trips generated by the activity; j. Signs; k. How the use advertises itself; and 1. Whether the activity would be likely to be found independent of the other activities on the site." (emphasis added) As appeared from the testimony at the hearing on this matter, Applicant's proposed conditional use as a residential ("Residential" here refers to a level of care -- less intense than a hospital, but much more intense than outpatient. "Residential" here does not refer to a land use category.) facility is absolutely necessary to its function as a short term drug and alcohol treatment facility. The facility will have 23 beds. A proponent testified that the "economic model"would not work with less than 23 beds. (Testimony of Knapp.) Mr. Knapp appears to be involved in the fmancing of the development. Ex. 3. It appears that most of the facility will be devoted to providing and supporting inpatient treatment. Thus, it would appear that most, if not all, of sales will be generated from the short-term, mandatory(secure) (No patient at Madrona Recovery is "judicially required" or"mandated" to be there. The doors are locked to deter addicted patients (who might be struggling with their cravings) from leaving before they have given treatment a chance and/or to prevent patients with emotional issues from running away from the problems they need to face.) inpatient housing for drug and alcohol abuse. The housing (Autonome ASR seems to be under the impression that there will be an "inpatient" component of treatment that is followed by a "housing" component on this campus. Madrona Recovery will be providing only the intense treatment component for Mental Health and Addiction at this site. If an individual patient's need is best served by additional, longer-term, less intense treatment in a sober living/housing situation, they would be referred to a different agency that provides that service.) facility will be staffed 24 hours per day seven days per week, consistent with it declared intent to provide mandatory short term inpatient care. The buildings are surrounded by professional offices and a daycare facility with approximately 100 children(With children of their own, the founders of Madrona Recovery have a natural compassion for vulnerable youth. That is the impetus behind their mission. Patients (ages 13 - 17) at Madrona Recovery undergo intensive treatment and do not leave the locked facility.) on site from early morning to approximately 6:00PM. The Applicant's proposed signage does not indicate that it is a Medical Center. (Ex. 1, p. 2- depicted building sign reading"Madrona Recovery.") As noted, herein, Applicant's web site advertises itself as a short term drug and alcohol treatment center designed to "bridge" the patient from"inpatient to outpatient." (Madrona Recovery "bridges" a gap in the continuum of care between hospital care and outpatient care. Acute psychiatric hospitalization for youth is difficult to get into and only lasts about seven days. Hospital treatment for addiction is much shorter. Then, they must leave. Outpatient visits are usually scheduled only once per week. Madrona Recovery provides a frequency and intensity of services that lies between very brief hospital care and one-hour-per-week outpatient care.) The residential component of Applicant's conditional use would not exist without its inpatient, secured 24/7 facility(To reiterate, there are not two levels of care (inpatient and residential) at Madrona Recovery. There is only one.). Without the housing characteristic, the facility could seek operation as a Professional Office providing outpatient treatment. The majority of items to be considered under 18.130.015 A. 2. demonstrate that the Applicant's desire to have a short-term drug and alcohol housing facility dominate its request for the conditional use. Applicant's facility does not fit well into the description of a Medical Center as is discussed below in greater detail. 18.130.015 (D) "Use of examples. The 'Examples' subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the list are generic. They are based on the common meaning of the terms and not on what a specific use may call itself For example, a use whose business name is "Wholesale Liquidation" but that sells mostly to consumers, would be included in the Sales Oriented Retail Category within the Wholesale Sales Category. This is because the actual activity on the site matches the description of Sales Oriented Retail." (emphasis added) In other words, Applicant's decision to call itself a Medical Center does not compel the Hearings Officer to accept that designation. Section 18.310.040 "Residential Use Types" describes the characteristics of Group Living and also has examples that include "some residential programs for drug and alcohol treatment." Group Living lists exceptions that "do[ ]not include lodging meeting the definition of transitional housing, detention facilities and/or commercial lodging." Section 18.130.040(C) Transitional Housing lists characteristics as "transitional housing is characterized as public or non-profit(Madrona . .acovery is private and for-profit. Thus, it does not meet a core characteristic of"transitional housing.") living facilities possessing the same characteristics as household or group living, but with tenancy less than 45 days. Subsection 3 "Examples:" states "Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities." Subsection 4, "Exceptions" include exceptions for uses that: "a *** b. do[ ] not include residential uses meeting the definition of Group Living. c. *** d. does not include residential uses meeting the definition of Detention Facilities. (Ord. 10-15 Sec.I)." Section 18.130.080"Other Use Categories" includes as subsection C, Detention Facilities, (which are not permitted in the C-P zone)provides characteristics of"detention facilities are uses devoted to the judicially required(Patients at Madrona Recovery are not "judicially required"to be there.) detention, incarceration, or supervision of people" and under exceptions states "programs that provide care, training or treatment for psychiatric, alcohol or drug problems, where patients are residents of the program, but where patients are not supervised by police officers, are classified as transient housing." Table 18.520.1 lists Medical Centers under the Use Category of Civic (Institutional). Medical centers are conditionally permitted in the C-P zone. Section 18.130.050 defines Civic Use categories. Civic Use categories consist of the following: basic utilities, colleges, community recreation, cultural institutions, daycare, emergency services, medical centers,postal service, religious institution, schools, and social/fraternal club/lodges. Subsection G, "Medical Centers" lists as characteristics: "Medical Centers are facilities providing inpatient, outpatient and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks." (emphasis added) Under "Examples," Medical Centers are said to"include hospitals and medical complexes that include hospitals." (Autonome ASR is correct in noting that Madrona Recovery is not putting a hospital or emergency room on this site. We believe that their respected establishment and other neighbors will appreciate our professional medical presence that lacks the drama of stressful sirens, traffic congestion, and clogged parking.) "Exceptions"provides that "Medical Centers may also include freestanding offices for hospital-based and/or private-practice positioned and other allied healthcare professionals; these medical office buildings are regulated as Offices." Applicant characterizes its proposed conditional use as a Medical Center. Applicant's facility meets only part of the characteristics of the medical center; that is, providing inpatient services and ancillary to the "sick and infirm." Applicant does not provide outpatient and emergency and related ancillary services to the sick and infirm. Applicant's facility is not developed in a campus setting (Services will be provided on this small, campus-like setting.) or on multiple blocks. The "Examples" described for Medical Centers do not describe applicant's facility. Examples for Medical Centers "include hospitals and medical complexes that include hospitals." Applicant describes itself to the community and potential clients as a "Residential Care Facility" for drug and alcohol treatment. It does not include the terms "medical center" or"hospital" (Madrona Recovery is not licensed as a hospital. It provides intensive medical treatment services in a 24-hour care setting, and best fits under the "medical center" category.) in its web site advertising. (Ex. 1,passim)Applicant has sought a conditional use permit as a "medical center" simply because its actual use as a drug and alcohol short-term residential care facility is not permitted in the C-P zone. Applicant's residential facility provides short-term transitional housing as those terms are commonly understood. Applicant's web site (accessed as of January 31, 2017) describes a transitional residential facility. It provides "short-term, *** care that will stabilize youth***and assist them to bridge their care from an inpatient to outpatient." (Ex. 1,p. 1 and passim). Applicant's legal name is Madrona Recovery, Inc and it does business in Oregon under the assumed business name of"Madrona Recovery." (Ex. 4)Applicant is selling a short-term, transitional housing, (Madrona Recovery does not provide "transitional housing." Madrona is a private, for-profit business. No insurance company pays benefits for transitional housing. That is why non-profit agencies organize -- to solicit grants and public monies to provide transitional housing services.) drug and alcohol treatment facility to the public. It is not holding itself out as a hospital or medical center. Common dictionary definitions for the terms "transitional," "transition," "transient," and"medical center" are attached as Ex. 2. ARGUMENT Applicant's proposed conditional use and variance requests should be identified by the true nature of the short-term residential group living/transitional housing facility that it is. Applicant's conditional use and variance request should be denied. (We earnestly hope that these comments have adequately clarified the issues r under examination and assuaged any underlying fears or concerns. We believe that a proper understanding of Madrona Recovery logically leads to a correct classification as a "medical center.") DATED this 3s It day of January 2017. A s ome A ', LL y:Bowersox, Member Property Owner: 6960 SW Yams —" dac Street, Tigard, OR 97223 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Madrona Recovery for ) CUP2016-04& conditional use in commercial/professional zoning and for ) VAR2016-04 variance of setback ) The following is the Response of Autonome ASR LLC to Applicant's and others submissions to the Hearings Officer filed on or before Tuesday,January 31,2017. RESPONSE TO APPLICANT'S CLAIM OF CONDITIONAL PERMITTED USE Madrona Recovery Center, Inc.has cited the Hearings Officer to Tigard Code 18.1 30.030 "Omitted and Unanticipated Uses" apparently for the purpose of suggesting the Hearings Officer should great the Conditional Use and Varience based on the paragraph quoted by Applicant as follows: 18.130.030 Omitted and Unanticipated Uses A. Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore,unintentional omissions occur and unanticipated uses may not be clearly assignable to a use category.The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such omitted and/or unanticipated uses are compatible with the listed uses. Inexplicitly,Applicant directs the Hearings Officer to a section of the Code that has absolutely no application to the issue to be decided. This fact would be clear if Applicant had cited the entire section to the Hearings Officer. The full language of the relevant Code section follows: 18.130.30 itted and Unanticipated Uses A.Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur and unanticipated uses may not be clearly assignable to a use category. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such omitted and/or unanticipated uses are compatible with the listed uses. CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 1 B.Process. The Director shall render an interpretation, as governed by Chapter 18.340. C.Approval standards. Approval or denial of an unlisted use application by the director shall be based on findings that: 1. The use is consistent with the intent and purpose of the applicable zoning district; Use Categories 18.130-3 Code Update: 4/15 2. The use is similar to and of the same general type as the use categories listed in the zoning district; 3. The use has similar intensity, density,and off-site impacts as the use categories listed in the zoning district,to be evaluated using the criteria set forth in 18.130.015.A.2; and 4. The use has similar impacts on the community facilities as the listed use categories. Community facilities include streets, schools,libraries,hospitals,parks,police and fire stations, and water, sanitary sewer and storm drainage systems. D. Other provisions. 1. The director shall not authorize an omitted and/or unanticipated use in a zoning district if the use category is specifically listed in another zone as either a permitted use, restricted use, or a conditional use. 2. The director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone. (Ord. 10-15 §1) (emphasis added) Applicant's citation to Tigard Code 18.130.030 should be viewed in the section's entire context. Tigard Code Chapter 18.340 is attached for the Hearings Officer's reference. CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 2 CONCLUSION Based on the evidence in the record,Applicant's Conditional Use request and variance should be denied based on the transitional, residential nature of the Use which is not permitted in a C-P zone. DATED this 7'h day of February 2017. Autonome ASR,LLC ( /; By: rey A. Bowersox Property Owner: 6960 SW Varns Street, Tigard,OR 97223 CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 3 Chapter 18.340 DIRECTOR'S INTERPRETATIONS Sections 18.340.010 Purpose 18.340.020 Procedure 18.340.010 Purpose It is anticipated that some terms or phrases within the code may be ambiguous and therefore subject to two or more reasonable meanings. Because it is not possible to identify or remove all ambiguities in the code, a process should be established for resolving these ambiguities in advance of or concurrent with applying for a particular permit or other action.Director's interpretations provides a process for resolving ambiguities in such a manner. All director's interpretations are subject to appeal to the city council as provided below. 18.340.020 Procedure A. Requests. A request for an interpretation shall be made in writing to the director. The director may develop guidelines to and in the application process. B. Decision to issue.The director shall have the authority to consider the request for an interpretation. The director shall respond within 14 days after the request is made, as to whether or not the director will issue the requested interpretation. C. Director may decline.The director is authorized to issue or decline to issue a requested interpretation. The director's decision to issue or decline to issue an interpretation is final when such decision is mailed to the party requesting the interpretation and such decision is not subject to any further local appeal. D. Written interpretation mailed. If the director decides to issue an interpretation as requested,it shall be issued in writing and shall be mailed to the person requesting the interpretation and any other person that has specifically requested a copy of such interpretation. E. Appeal to city council.The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the director's Interpretation to the city council within 14 days after the interpretation was mailed to the applicant. The appeal may be initiated by filing a notice of appeal with the director pursuant to 18.390.040.0.2. F. Appeal procedure.City council shall hear all appeals of a director's interpretation as a Type III action pursuant to 18.390.050.D, except that notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal,and any other person who has requested notice. G. Final decision/effective date.The decision of the city council on an appeal of a director interpretation shall be final and effective when notice of the decision is mailed to the applicant;provided,however, that if the applicant is the director or the city council,the decision is final and effective when made. H. Interpretations on file. The director shall keep on file in the Department of Community Development a record of all director's interpretations.(Ord.99-22)■ Director's Interpretations 18.340-1 AP Update:2/14 71 i City of Tigard TIGARp Memorandum To: Joe Turner, City of Tigard Hearings Officer From: Gary Pagenstecher,Associate Planner Re: Request from the Hearings Officer for a Use Category Interpretation for the Madrona Recovery Center Conditional Use (CUP2016-00004/VAR2016-00004) Date: January 31, 2017 Description of the proposed use, as described by the applicant: "The proposed Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility. This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care. The program goal is to provide short-term, high-quality, trauma-informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13-17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. The facility will be staffed by therapists, milieu counselors (mental health techs), a nursing team and a psychiatrist who specializes in working with adolescents and their families. With an overall staff of 32-35 people providing 24/7 care, the average number of staff per shift is about 10." City's comment on whether the use category Medical Center or Transitional Housing is more consistent with the proposed use: The following is the process described in the code for determining which use category is assigned to a particular land use. 18.130.015.A Considerations 1. The "Characteristics" subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. . . . 2. The following items are considered to determine what use category the use is in, . . . a. The description of the activity(ies) in relationship to the characteristics of each use category; Section 18.130.015.D discusses the use of examples and states that "the names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself." Thus, when seeking to determine the appropriate use category, the "Characteristics" section takes precedence and controls over the generic and non-binding "Examples" section. This method of interpretation is consistent with the City's practice. For this specific case, the following is a description of staff's evaluation of the proposed use compared with each use category identified in the Hearings Officer's Continuance Order: 18.130.050.G Medical Centers 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. The City believes that the proposed recovery center is characterized as Medical Center because it provides inpatient and related ancillary services to the sick (mentally and/or substance abuse) and because the two-building facility provides a campus-like setting. The proposed activity, "to provide short term inpatient treatment that will prevent patients from entering higher levels of care" best matches the characteristics of the Medical Center Use Category, "facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm." 18.130.040.0 Transitional Housing 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days. The City believes that this category is not applicable because the proposed use is 1) for profit and 2) not as clear a fit with the characteristics description. Medical Centers specifically describes inpatient treatment,whereas Transitional Housing does not. 18.130.080.0 Detention Facilities 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. The City believes that this category is not applicable because the proposed use is not judicially required and is therefore not consistent with the characteristics for Detention Facilities, and does not warrant any further reading of the category. ARCHITECTS January 30, 2017 Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer do Gary Pagenstecher, Case Planner City of Tigard, Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Order Re-Opening the Record CUP2016-04 & VAR2016-07 Madrona Recovery Center Mr. Turner, Enclosed please find additional testimony and information supporting the applicants request for a Conditional Use Permit and Variance to allow for the proposed Madrona Recovery Center's development at 6996-7000 SW Vams Street in Tigard, OR. The documentation enclosed is additional evidence and clarification of how the proposed Madrona Recover Center meets the Medical Center use classification as described in the City of Tigards Development Code TDC18.130.050.G Medical Centers. Enclosed Correspondence: ■ Letter from John Thornton, Applicant • Letter from Joshua S. DeCristo, JDC Law LLC - miffed, C._ 4111110, retch ton Project Coordinator, CB Two Architects enclosures CB J 7wa Architects LIC 500 L ioerty St SE Suite 100 Salem.Oregon 97301 P:503 480-8700 cbtwoorchitects,com 17.,.1d i o1n.a. 1 t.'cO\'c t..\.. Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer Gary Pagenstecher, AICP CUD Associate Planner Community Development City of Tigard 13125 SW Hail Blvd. Tigard, CR 97223 January 26, 2017 Dear Gentlemen. Thank you for allowing us to clarify the nature and purpose of our business and our proposed use CiUP2016-00004fVAR2016-00004) of the site on SW Varns Street in Tigard. We have every intention of providing a valuable service to our community, offering attractive local employment opportunities, being a responsible tax-paying business, and being good neighbors. For ease of reference, we have inserted relevant portions of the zoning code. Our responses and comments are noted in a contrasting font and color. We first address how Madrona Recovery's use category is neither transitional housing" nor -detention." A discussion of "detent1on' is included, because questions about it had been raised in the past, and because poor wording of that section of the code seems to have confounded a proper interpretation of "transitional housing." We then address how Madrona Recovery most closely aligns with the definition of'medical center." 18.520.020 List of Zoning Districts D. C-P: professional/administrative commercial district. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services,e.g.,convenience retail and personal services,restaurants,in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District,residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district,are permitted in conjunction with a commercial development. Heliports,medical centers,religious institutions and utilities are permitted conditionally.Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. In keeping with the intent of the Commercial/Professional zoning district rules, Madrona Recovery clearly fits best in the "buffer zone' between industrial and residential areas, Page lof6 18.130.015 Classification of Uses A. Considerations. 1. The"Characteristics" subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. A primary use is the activity, or combination of activities of chief importance on the site, and the main purposes for which the land or structures are intended, designed, or ordinarily used.Accessory uses are uses or activities which are a subordinate part of a primary use and are clearly incidental to a primary use on site. Developments may have more than one primary use. Developments may also have one or more accessory uses. Developments with more than one primary use are addressed in subsection B of this section. Accessory uses are addressed in subsection C of this section. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: a. The description of the activity(ies) in relationship to the characteristics of each use category; b. The relative amount of site or floor space and equipment devoted to the activity; c. Relative amounts of sales from each activity; d. The customer type for each activity; e. The relative number of employees in each activity; f. Hours of operation; g. Building and site arrangement; h. Vehicles used with the activity; i. The relative number of vehicle trips generated by the activity; j. Signs; k. How the use advertises itself; and I. Whether the activity would be likely to be found independent of the other activities on the site. 18.130.030 Omitted and Unanticipated Uses A. Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur and unanticipated uses may not be clearly assignable to a use category. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such omitted and/or unanticipated uses are compatible with the listed uses. C. Transitional Housing. 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living, but with tenancy less than 45 days. 2. Accessory Uses: Accessory uses commonly found are recreational facilities, parking of autos for the occupants and staff, and parking of vehicles for the facility. 3. Examples: Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. Page 2 of 4. Exceptions: a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month, which is considered a hotel or motel use and is classified as Commercial Lodging b. Does not include residential uses meeting the definition of Group Living. c. Does not include residential uses where the residents meet the definition of Household d. Living. e. Does not include residential uses meeting the definition of Detention Facilities. (Ord. 10-15 §1) Madrona Recovery's use category is NOT "Transitional Housing." • It is NOT public. • It is NOT non-profit. • It is NOT a drug/alcohol treatment facility in the sense referred to in "C. Transitional Housing 3. Examples" • In contrast to Madrona Recovery, there are already specific, allowed-use illustrations of this kind of drugalcohol treatment facility in the Tigard Municipality. • Oxford House Walnut Park 11930 South West Walnut Tigard, OR - 97223 Oxford House Englewood Park 11215 South West Cottonwood Ln Tigard, OR — 97223 • Oxford Houses are :.self-run, self-supported recovery houses for recovering alcoholics and drug addicts.°. These "self-supporting, drug free homes" are „part of a publicly supported, non-profit 30 I(c)3 corporation umbrella organization ivvhich provides the network k of all Oxford Houses and allocates resources to duplicate the Oxford House concept where needs arise." (Oxford House Walnut Park - Transitional Housing. n.d.).) As an aside, residents of Oxford Houses freely come and go as they please. Patients at Madrona Recovery do not. This diminishes risk to neighbors of mischievousness and greatly minimizes auto and foot traffic. C. Detention Facilities. 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, 2. incarceration, or supervision of people. 3. Accessory uses: Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities, and hobby and manufacturing facilities. 4. Examples include prisons,jails, probation centers,juvenile detention homes, and related post-incarceration and half-way houses. 5. Exceptions: Page 3 of 6 a. Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by police officers, are classified as transient housing. Madrona Recovery's use is NOT "Detention." • Those who are served by Madrona Recovery are NOT ever "judicially required" to be there. • In properly interpreting the `Exceptions" section of the code above, it is important to note that the explicit context is "Detention Facilites" What kind of facility might "provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by police officers?" In contrast to Madrona Recovery, examples would include facilities operating under Oregon's Behavioral Rehabilitation Services (BRS) rules (Behavior Rehabilitation Services, 2017). Madrona Recovery is not licensed under those rules and does not serve that clientele. Those served by BRS programs '`are not supervised by police officers," but they are predominately adjudicated youth with "psychiatric, acohol, or drug problems.` Although not in the Tigard Municipality, the closest illustration of this kind of facility is in Washington County. St. Mary's Home for Boys (16535 SW TV Hwy, Beaverton; OR 97003-5143) offers residential treatment and services to at-risk boys between the ages of 10 and 17 who are emotionally disturbed and behaviorally delinquent.' (About Us, (n.d.).. 2017) G. Medical Centers. 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and maintenance facilities; administrative offices and parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. 4. Exceptions: a. Medical Centers may also include freestanding offices for hospital-based and/or private practice physicians and other allied health care professionals; these medical office buildings are regulated as Offices. b. Does not include uses meeting the definition of Emergency Services. Madrona Recovery is most aptly categorized as a "Medical Center" according to the zorng regulations. Page 4 of 6 In providing health care services, Madrona Recovery is considered a residential treatment center. The term "residential," in this case, refers to a level of care, not to a zoning category. It is common knowledge that health care is provided along a continuum. Along this continuum are levels of care that vary, based on the severity of illness and the intensity of services that are required to effectively treat the illness or disorder_ Acute Clinically Inpatient Day Managed Intensive Treatment/ nt Multisystemic Partial Treatment Intensive Services Hopitalization (Low, Outpatient Outpatient Medium, Services High) Support Services Early Groups Intervention Prevention A "residentiallevel of care is widely recognized as logically being on this continuum, between "inpatient" and 'outpatient". Although ''residential' services are not explicitly named in the "characteristics" section of the code, it clearly fits within the definition. Madrona Recovery provides "services to the sick and infirm.' More specifically, Madrona Recovery treats only those with a physician-diagnosed, medical condition, and will provide core in a campus-like setting. This is in stark contrast to detention or transitional housing described in the code. 100% of the site, facilities—floor space, property, and equipment are devoted to the activity of providing medical and medical support services. Madrona Recovery is investing more than a million dollars to upgrade the facilities to meet rigorous medical safety standards. These upgrades would be unnecessary if the facilities were to be used for transitional housing. Madrona Recovery operates no freestanding office buildings on this site and provides no services that meet the definition of "emergency services." 100% of the hours of operation, 24-hours a day, are devoted to providing healthcare services, 100% of the employees provide healthcare services or provide healthcare support services (e.g., housekeeping, building maintenance, clerical, etc.). iviacirona Recovery employs physicians, nurses, and an array of assessment and treatment specialists. Ali patients are admitted and treated by physicians who are licensed to practice medicine in Oregon. 100% of the "sales"or income are from providing healthcare services. Insurance pays for the costs of treatment after co-pays. deductibles, and out-of-pocket aspects of insurance benefit plans have been met. 100% of the paying "customers"are patients. Ail of them must meet 'medical necessity" requirements at all times to be admitted and to continue treatment at Madrona. Medical necessity refers to a decision by a health plan Page 5 of 6 that a treatment, test, or procedure is necessary for an individual's health or to treat a diagnosed medical problem. Health insurance companies provide coverage only for health-related serves that they define or determine to be medically necessary. Medicare, for example, defines medically necessary as: `Health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine." (Glossary - M, 2017 Insurance companies (including Medicaid) do not pay for healthcare services for those who are incarcerated or in detention. (Healthcare Funding for incarcerated Youth, 2017) Commercial insurance companies never pay for transitional housing. Madrona Recovery receives no public funding, including payments from Medicaid/Medicare. Thank you for your thoughtful consideration. If you have any questions or need of further clarification, do not hesitate to contact us. Sincerely. John Thornton CEO Personal.Cel(503)734-7363 Madrona Recovery Works Cited About Us. (n.d.). (2017,January 23). Retrieved from St. Mary's Home for Boys Web site: http://www.stmaryshomeforboys.org/about-us/ Behavior Rehabilitation Services. (2017,January 23). Retrieved from Oregon.gov: https://a pps.state.or.us/Forms/Served/de0910.pdf Glossary-M. (2017,January 24). Retrieved from Medicare:https://www.medicare.gov/glossary/m.html Healthcare Funding for Incarcerated Youth. (2017,January 24). Retrieved from National Commission on Correctional Healthcare: http://www.ncchc.org/health-care-funding-for-incarcerated-youth Oxford House Walnut Park- Transitional Housing. (n.d.). Retrieved January 23, 2017,from http://www.transitionalhousing.org/Ii/oxfordhousewalnutpark Page 6 of 6 r p- Lawyers � re t www.jdc-Iaw.com Joshua S.DeCristo ATTORNEY Licensed in Oregon&Washington jdecristo@jdc-law.com January 30, 2017 Gary Pagenstecher,AICP CUD Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Madrona Recovery CUP 2016-00004/VAR 20016-0004 Dear Mr. Pagenstecher: This letter is submitted in support of Madrona Recovery's application for the Conditional Use Permit and Variance identified above. Specifically,the following legal analysis is offered in support of a finding that the Use Category that best describes the proposed facility is "Medical Center." This analysis is offered in response to the Hearings Officer's decision to reopen the record in this matter for the limited purpose of allowing the parties an opportunity to submit additional argument and evidence about this Code interpretation issue. Hearings Officer Joe Turner's sua sponte decision to reopen the record was apparently triggered when he "noted a potential conflict in the language of the Code that was not directly raised by any of the parties."See Jan. 23, 2017 Order Re-Opening the Record ("Order"), p. 1. The plain language of the relevant Code provisions demonstrate that there is no conflict about which Use Category best describes the proposed facility: it is without question a "Medical Center" as that term is defined in TDC 18.130.050.G(1). Inexplicably,the Hearings Officer apparently concluded the proposed use "clearly qualifies" as "transient housing," under 18.130.080.C(4)(a). (Order p. 4). But, the Hearings Officer then notes that this section is the only place in the Code where the term "transient housing" is used, stating: JDC Law LLC I 621 SW Alder Street,Suite 817.Portland.Gregor;97205 I Telephone 583888-8505 I Fax 50;3-91,1-2482 Mr.G Pagenstecher Re:Madrona Recovery CUP2016-04& VAR2016-04 January 30,2017 Page 2 It appears that the term "transient housing" in this section is a typographical error and this section was intended to use the term, "transitional housing."Such an interpretation would be consistent with the example of"transitional housing" definition in TDC 18.130.040.C(3), which includes, "[d]rug/alcohol treatment facilities." (Order, p. 5). The Hearings Officer then concluded that he could not find that the proposed use constitutes "transitional housing" under in TDC 18.130.040.C(3), based on the example of"transient housing" used in 18.130.080.C(4)(a), and instead reopened the record for further testimony and evidence as to which Use Category should apply—specifically"Medical Centers"as defined by TDC 18.130.050.G(1); "Detention Facilities" as defined by TDC 18.130.080.C; or"Transitional Housing" as defined by TDC 18.130.040. For the following reasons the proposed facility is clearly a "Medical Center" as defined by TDC 18.130.050.G(1), whereas neither the definition of"Detention Facilities" nor "Transitional Housing" are applicable as a matter of law. A. The Proposed Facility is a "Medical Center"as defined by TDC 18.130.050.G "Medical Centers" are defined by TDC 18.130.050.G(1) as follows: Characteristics: Medical Centers are facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. The evidence before the Hearings Officer is that the proposed facility will be an "inpatient mental health and substance use disorder treatment facility." (Jan. 23, 2017 Order Re-Opening the Record, p. 1). That use falls squarely within the definition Medical Centers,which are "facilities providing inpatient*** services to the sick and infirm" set out in TDC 18.130.050.G(1). Indeed,the Hearings Officer acknowledges that the proposed facility includes "some of the characteristics of Medical Centers." (Order, p 5). But the Hearings Officer goes on to note: But, "drug/alcohol treatment facilities," one of the types of mental health treatment the applicant proposed to provide at this facility, are listed as an example "transient housing" as defined by TDC 18.130.040.C. Mr.G Pagenstecher Re:Madrona Recovery CUP2016-04&VAR2016-04 January 30,2017 Page 3 In fact, contrary to the Hearings Officer's comments,TDC 18.130.080.0 does not and cannot apply to the proposed facility as a matter of law. B. The Proposed Facility is NOT"Transitional Housing"as defined by TDC 18.130.040.0 First, as the Hearings Officer himself points out, "Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living, but with tenancy less than 45 days." (Emphasis added). The evidence before the Hearings Officer is that the proposed facility is neither public nor non-profit. Therefore, it does not meet the predicate requirement to qualify as "Transitional Housing." For the Hearings Officer to conclude otherwise, he would have to completely ignore the clear and unequivocal language of the Code,which as he acknowledges in his Order is impermissible. See Weston Kia v. City of Gresham, LUBA 2014-085. See also ORS 174.010. Second, not only is TDC 18.130.040.C(1) inapplicable to the proposed facility by its plain language, an examination of its context also demonstrates that it does not apply. It appears that the Hearings Officer was, at least preliminarily, persuaded that TDC 18.130.040.0 might apply because that section of the Code references "drug/alcohol treatment facilities,"which is one of the types of treatment the applicant would provide at the proposed facility. However,the examples of transitional housing provided in that section of the Code include "homeless shelters,women's/children's shelters, drug/alcohol treatment facilities."TDC 18.130.040.C(3). When viewed in the context of the other examples provided by the Code, it is apparent that that "Transitional Housing" means public and non-profit facilities providing a "transition" between homelessness (one source of which is drug and alcohol abuse)and a more permanent living situation. Furthermore,the context of TDC 18.130.080.C(4)(a)—upon which the Hearings Officer concluded the proposed use "clearly qualifies as Transient Housing," (Order, p. 4- 5)—does not actually support that conclusion. Under TDC 18.130.080.C(4), programs that provide residential treatment for psychiatric,alcohol, or drug problems, but where patients are not supervised by police officers, are classified as "Transient Housing." But what the Hearings Officer ignores is that this section is describing an exception to the definition of"Detention Facility" Use Category set out in TDC 18.130.080.C(1). Pursuant to that section, "Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. Mr.G Pagenstecher Re:Madrona Recovery CUP2016-04& VAR2016-04 January 30,2017 Page 4 Importantly,TDC 18.130.080.C(4), does not remove the "judicially required detention, incarceration, or supervision of people" language of TDC 18.130.080.C(1). Therefore,the plain, unambiguous reading of TDC 18.130.080.C(4)(a) is that facilities that provide judicially required treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by police officers, are considered "Transient Housing" and not "Detention Centers." Stated another way,TDC 18.130.080.C(4)(a) is categorizing judicially required residential drug and alcohol treatment facilities where the patients are not supervised by police officers as "Transient Housing." This provides additional context for the fact that, as previously noted, "Transitional Housing" is characterized under the Code as public or non-profit facilities,which would be consistent with judicially required drug/alcohol treatment facilities. C. The Proposed Facility is NOT a "Detention Facility"as defined by TDC 18.130.080.0 Pursuant to TDC 18.130.080.C(1) "Detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people."The evidence before the Hearings Officer clearly establishes patients at the proposed facility are not subject to "judicially required detention, incarceration, or supervision." Because no judicial determination requires the detention, incarceration, or supervision of patients at the proposed facility,TDC 18.130.080.0 does not apply. D. Conclusion The proposed facility is a Medical Center as that term is defined in TDC 18.130.050.G, as it would provide inpatient services to the sick and infirm. No aspect of the proposed facility falls outside of the definition of"Medical Centers"set out in TDC 18.130.050.G(1). Therefore,there is no basis for concluding the proposed facility is not a Medical Center under the language of that rule. On the other hand,the proposed facility does not meet the definition of Transitional Housing under TDC 18.130.040.C(1) because it is not a public or non-profit facility, and the proposed facility is clearly not a Detention Facility under TDC 18.130.080.0 because no judicial determination requires the detention, incarceration, or supervision of patients. Mr.G Pagenstecher Re:Madrona Recovery CUP2016-04&VAR2016-04 January 30,2017 Page 5 Moreover,the examples set out in TDC 18.130.040.C(3)and the reference to "Transient Housing" in TDC 18.130.080.C(4) provides context that demonstrates that,to the extent drug/alcohol treatment facilities constitute "Transient Housing" or "Transitional Housing, such facilities are public or non-profit programs designed to help either the homeless and/or judicially required persons to transition to a more stable and permanent living situation. Simply put,there is no legal support whatsoever under the Code for categorizing a for-profit, inpatient mental health and substance use disorder treatment facility serving adolescents as"Transitional Housing" or a "Detention Facility." Sincerely, JDC Law, LLC Joshua S. DeCristo c. John Thornton,Madrona Recovery illki "' City of Tigard , ARD Hearings Officer Agenda . n_ MEETING DATE: January 9, 2017, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STAFF REPORTS: Available to the public 7 days prior to the hearing date Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171,ext.2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments;and qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. To request such services,please notify the City of Tigard of your need(s) by 5:00 p.m. no less than one (1)week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 MADRONA RECOVERY CENTER Conditional Use Permit CUP 2016-00004 Variance VAR 2016-00004 PROPOSAL: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the existing 14- foot rear yard setback of the south building does not meet the 25-foot required rear yard setback for medical centers. LOCATION: 6996-7000 SW Varns Street;Washington County Tax Map 2S101DA Tax Lots 01900&02100 ZONE: C-P: professional/administrative commercial district. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities.Within the Tigard Triangle and Bull Mountain Road District,residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.520, 18.705, 18.745, 18.755, 18.765,and 18.790 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER AGENDA-JANUARY 9, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 I Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: JANUARY 9, 2017 PAGE 1 OF 1 FILE NAME: MADRONA RECOVERY CENTER CASE NOS.: Conditional Use Permit CUP 2016-00004 Variance VAR 2016-00004 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME,ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral)- - (Speaking Against)- Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. 115.1 14,l tior5oX cc .1 St.`i4s6g 1 fattalvSk&_ Lrt 1.0 0 LAil t Mrit 4 jjeJ Name,Addr ss,Zip Code and✓ Phone No. Name,Address,Zip Code and Phone No."v/; a�� 51/R011,1 � .� .:�;r�> i G_��l"/l'// l��fs;/>c<!�-ill 6 1: 1 vL D — — — — — — — — — — – — – — – — — — — — — — — — — — – — – Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. 1 Name,Address,Zip Code and Phone No. I — — Name,Address,Zip Code and Phone No. 1 Name,Address,Zip Code and Phone No. L J I 11111 PRESENTATION TIGARD 120 DAYS = 3/22/2017 FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 FILE TITLE: MADRONA RECOVERY CENTER APPLICANT: Madrona Recovery APPLICANT'S CB Two Architects Attn:John Thornton REP: 500 Liberty Street SE, Suite 100 500 Liberty Street SE, Suite 100 Salem, OR 97301 Salem, OR 97301 OWNER: Nelson Vial,LLC 17355 SW Boones Ferry Rd.,Suite A Lake Oswego, OR 97035 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7.Adolescents 13-17 years of age will receive care for 14-21 days.A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street;Washington County Tax Map 1S101DA Tax Lots 01900&02100. ZONE/ COMP PLAN DESIGNATION: C-P: professional/administrative commercial district. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: 0 TYPE I 0 TYPE II ® TYPE III 0 TYPE IV COMMENTS WERE SENT: December 13,2016 COMMENTS ARE DUE: December 27.2016 ® HEARINGS OFFICER (MON.) DATE OF HEARING: January 9,2017 TIME: 7:00 PM O PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM O CTI'Y COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM O STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ------7 ® VICINITY MAP ® DRAINAGE PLAN =' IMPACT STUDY 0 SITE PLAN ® STORM WATER ANALYSIS 0 TRAFFIC STUDY ® NARRATIVE ® TREE PLAN 0 OTT IER:MISCELLANEOUS STAFF CONTACT: Gary Pagenstecher.Associate Planner (503)718-2434 VICINITY MAP CUP2016.0004 R-3.5 ; �. VAR2014�00004 `•ri 11 itj NIAORONA RECOVERY I� 4 f 41,-, 711:4 -,,4 711 :4411 '. > MUE 4 114 T0 / :) flit./ 9114 LI Z rJ j 14:j "ll �` N x ,1) lbk,. SnitjectSite 1i)1) ( ;s '—d`-_ t 1' . L .`) ;f1:3 itzt, 1 Jr E __ �'`_ PrIL 0 oP ;'.1:) 71 i) .. ) 1,-;..1 '1'.x:1. ` ''''D /lit) 7I.`) 3:11 x, 4. ? .i) 1 , It ,k::T j,) has Yw4ilco I.•ior§ 0F7f -a,+w-hw wr r+ "ii..,i 44 Fut ow arm 1 liar Presentation r1 ) C.L\ ) 71/N Good Evening Mr.Turner, GBP Associate Planner Materials issued - f Tn'Pf-/47tour '1' 7(TB PLS f'2- Description of Proposed use, site improvements and variance . - Status of Lot 2100: property owner signature or wl drawal,a i 1,2Jfr°' 42 5 i LI iu, ��1�t� 6e/YC 1- TVFR comment dated 1-5-17: provid site address identification for responders. jai D l' /1,5.T.)iD, e 4. t ha� aw+uai-sem . dr- ,,, ,-�;-iu,.,-�,�, c�nu/ U0,1 G.-',i7/�. (Timt 'd.f:iI ill" 04 ' f 41 l 10 -..i . 1,, a)L:4� 4.,5 LA. ite.crli I 6,4, A AtharAmi 1-e-rji Atai --i,fii /-/ 7 {u 'Dec,rsi� issue z " 7 CA 4 tl ; .. . , . . ,. ., ..... ,... . .. ,,.... - __-.. ,_ --iP- —- -- 44- ------------_,-- C;\•-—--7,.. (..1 : , - CIOSer .. / !I I Is I i, .'0441. 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SITE oLAN 41) CRTWOARCHITECTS MADRONA RECOVERY CENTER 7000 SW VARNS STREET TIGARD.OREGON A2 Agenda Item: 2.1 Hearing Date:January 9.2017 Time:7:00PM STAFF REPORT TO THE HEARINGS OFFICER 0. FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = March 22, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: MADRONA RECOVERY CENTER CASE NOS: Conditional Use Permit (CUP) CUP 2016-00004 Variance (VAR) VAR 2016-00004 APPLICANT: Madrona Recovery APPLICANT'S Attn:John Thornton REP: CB Two Architects 500 Liberty Street SE, Suite 100 500 liberty Street SE, Suite 100 Salem, OR 97301 Salem, OR 97301 OWNER: Nelson Vial,LLC 17355 SW Boones Ferry Rd., Suite A Lake Oswego, OR 97035 PROPOSAL: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the existing 14-foot rear yard setback of the south building does not meet the 25-foot required rear yard setback for medical centers. LOCATION: 6996-7000 SW Varns Street; Washington County Tax Map 2S101DA Tax Lots 01900& 02100 ZONING: C-P: professional/administrative commercial district. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765,and 18.790 SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use and Variance will not adversely affect the health, safety and welfare of the City and meets the applicable approval criteria as outlined in Section VI of this report.Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval. MADRONA RECOVERY CEN 1'ER PAGE 1 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address each of the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work, the applicant shall provide a fee in the amount of $518 for the city's cost of collecting and processing the inventory data for the entire urban forestry plan of 14 existing retained trees, $154.00 first tree + $364.00 ($28 each additional x 13) = $518. 2. The applicant shall submit a service provider letter from Pride Disposal verifying the existing enclosure is adequate for the proposed medical center use and accessible for service. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shall contact the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher 503-718-2434. 3. Prior to a final building inspection, the applicant shall call for a final planning inspection to ensure the project was completed as shown on the approved plan. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN(18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. MADRONA RECOVERY CEN I'ER PAGE 2 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION III. BACKGROUND INFORMATION Site History: A review of the City's permit history for the subject site includes a building permit from 1988 for re-roofing an existing building, a site development review SDR2005-00001 for a 5,600 square foot addition, a public facilities permit in 2005 to extend public sewer to the site, a variance VAR2006-00068 for a paved access width less than 24 feet, and a lot line adjustment LLA2013-00003. Vicinity Information The subject site is located east of SW 72nd and south and west of SW Yarns Street where Yarns runs adjacent to Hwy 217. The buildings are located back to back with adjacent buildings accessed from SW Fir Loop to the west of the site. The site and surrounding properties are zoned C-P,Professional Commercial. Proposal: CB Two Architects with John Thornton, Madrona Recovery Center, requests approval of a Conditional Use that would provide for a change of use to an existing commercial office complex, from commercial office to a medical center. This would allow John Thornton and his team to establish Madrona Recovery Center an inpatient adolescent mental health and substance use disorder treatment facility at 6996-7000 SW Yarns Street. In addition to the Conditional Use a Type II Administrative Variance for a reduction in the minimum setback for medical centers is also being sought. The proposed Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility. This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care. The program goal is to provide short-term, high-quality, trauma- informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13-17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. The facility will be staffed by therapists, milieu counselors (mental health techs), a nursing team and a psychiatrist who specializes in working with adolescents and their families. With an overall staff of 32-35 people providing 24/7 care,the average number of staff per shift is about 10. The existing buildings will be remodeled to answer the programming needs of the facility. Accommodations within the building will include lobby, offices, kitchen, dining,patient rooms, restrooms, fitness, activity, and ancillary spaces. A fenced outdoor area will be established to allow supervised outdoor activities for the patients.The facility will be secure and be able to provide treatment for up to 23 persons. SECTION IV. NEIGHBOR COMMENTS The applicant held a formal neighborhood meeting on September 15, 2016 with one neighbor attending in addition to four others representing the applicant. General questions regarding operations, fencing, trees and project schedule were addressed. The City did not receive any written public comments. SECTION V. SUMMARY OF APPLICABLE REGULATIONS Staff has reviewed the proposal for consistency with the following code sections. Findings for these code sections are in Section VI of this report. 18.330 Conditional Use 18.360 Site Development Review 18.370 Variances and Adjustments 18.520 Commercial Zoning Districts 18.705 Access Egress and Circulation 18.745 Landscaping and Screening MADRONA RECOVERY CEN 1'ER PAGE 3 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 18.755 Mixed Waste and Recyclable Storage 18.765 Off- Street Parking and Loading Requirements 18.790 Urban Forestry Plan SECTION VI. APPLICABLE REVIEW AND APPROVAL CRITERIA AND FINDINGS 18.330 CONDITIONAL USE 18.330.010 Purpose The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. The applicant requests approval of a medical center use on the subject site as a change in use from office. Chapter 18.130 lists the Use Categories used in the Development Code. The proposed recovery center is characterized as medical center providing inpatient and related ancillary services to the sick. The use is permitted conditionally in the C-P zone. The following standards in this chapter ensure the proposed change of use development will not adversely impact surrounding uses and public facilities. Section 18.330.020 Approval Process Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type IIIA procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A. Type IIIA procedures apply to quasi-judicial actions that predominantly apply discretionary approval criteria. Type IIIA actions are decided by the Hearings Officer with appeals being heard by the City Council. 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The hearings officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; According to the conditional use requirements for medical centers, the minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds. The proposed development plans for 23 beds, requiring a minimum lot size of 27,000 square feet. The subject site size is 43,560 square feet. The property is irregularly shaped and fully developed. The applicant's narrative states that structures support adaptive reuse and contains the following statement: The existing development is the ideal property for the proposal for a variety of reasons: its location, tucked away in a quite commercial area; existing structures are well suited for adaptive reuse for the proposed facility; existing parking meets the needs for the proposed user group; and the existing mature landscape allows for outdoor activity in secured areas. The existing structures, once remodeled will afford for the various programming needs and spaces the treatment facility requires to provide care and support to their adolescent patients. For the most part changes will occur within the buildings; however, new windows are planned to replace sliding glass doors as required for programming and licensing requirements as well as cosmetic updates. The proposed facility will be a secure treatment center that operates 24/7. Portions of the large landscaped open spaces will be fenced to provide secure outdoor use areas that permit outdoor activities in safe and private spaces. MADRONA RECOVERY CEN 1'ER PAGE 4 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER This criterion is met. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; As indicated in the finding above, the impacts of the proposed medical center use of the fully improved site can be accommodated. Most activities will occur interior to the existing buildings, with exterior use within secured and private yards. This criterion is met. 3. All required public facilities have adequate capacity to serve the proposal; and The City's Engineering review did not identify any outstanding public facility capacity issues with the fully developed site. Therefore, there is adequate capacity in the public facilities that serve the site. This criterion is met. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is zoned C-P. Table 18.520.2 includes development standards in commercial zones related to lot size, width, coverage, and building setbacks, height, and landscape requirements. The table below compares the applicable standards of the C-P zone and the conditional use requirements for medical centers with the proposed development. TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES Medical Center STANDARD C-P Proposed CU requirements Minimum Lot Size 6,000 sf 27,000 sf. 45,302 sf. -Detached unit - - -Boarding,lodging, - - rooming house Minimum Lot Width 50 ft. N/A Minimum Setbacks -Front yard 0 ft.1111 25 ft. 30 ft. -Side facing street on corner&through lots 111 - 25 ft. N/A -Side yard 0/20 ft. 181 25 ft. 27/180 ft. -Side or rear yard abutting - NA more restrictive zoning district N/A -Rear yard 0/20 ft.[81 25 ft. 14-27 ft. -Distance between front - NA of garage&property line abutting a public or private street. N/A Minimum Building Height N/A N/A Maximum Building Height 17 ft 45 ft MADRONA RECOVERY CEN IER PAGE 5 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Maximum Site Coverage[�1 85% 75% Minimum Landscape 15% 25% Requirement Minimum FAR[31 N/A N/A Minimum Residential N/A N/A Density[41[51161 Maximum Residential N/A N/A Density[41[51[61[71 Ill The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2]Includes all buildings and impervious surfaces. 131 Applies to all nonresidential building development and mixed use development which includes a residential component. [8]No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [11]There shall be no minimum front yard setback requirement;however,conditions in Chapters 18.745 and 18.795 must be met. As shown in the applicant's submittal and in the comparative table above, the proposed development meets all of the applicable development standards of the underlying C-P zone. However, the table also shows that the additional 25-foot rear yard setback for medical centers for the southern building is not met. As such, a variance has been requested and is recommended for approval, as shown in the findings for Variances and Adjustments,below. This criterion is met. 5. The applicable requirements of 18.330.050 are met; and 18.330.050.9. Medical centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; The proposed development plans for 23 beds, requiring a minimum lot size for 27,000 square feet. The project site is approximately 42,530 square feet. This requirement is met. b. Setbacks: i. The front yard setback shall be a minimum of 25 feet; As shown on the Site Plan (Sheet A2), the front yard setback from the private access (continuation of SW Varns at the northwest property boundary) to the existing buildings is approximately 30 feet. This requirement is met. ii. On corner lots and through lots,the setback shall be a minimum of 25 feet,plus meet visual clearance areas requirements, Chapter 18.795; The subject lot is not a corner or through lot. This requirement does not apply. iii. The side yard setback shall be a minimum of 25 feet; As shown on the Site Plan (Sheet A2), the existing southern structure has a side yard setback of 27 feet. The existing northern structure is setback variably between 96 and 180 feet from the private drive access and greater from the property line. This requirement is met. iv. The rear yard setback shall be a minimum of 25 feet; and The existing rear yard setback for the southern building is approximately 14 feet, and from the northern building, 25 feet. The requirement is not met for the existing southern building. The applicant has applied for a variance to acknowledge and address this reduced existing side yard setback. MADRONA RECOVERY CEN l'ER PAGE 6 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER v. Each setback shall be increased five feet for every 10 feet of building height over 45 feet. The buildings are approximately 17 feet in height. This requirement does not apply. 6. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.745, Landscaping and Screening; Chapter 18.790, Urban Forestry Plan; and Chapter 18.360, Site Development Review, if applicable, are met. The supplementary requirements that are applicable in this case include the following chapters of the Community Development Code: 18.360, Site Development Review, 18.705 Access Egress and Circulation, 18.745 Landscaping and Screening, 18.765 Off- Street Parking and Loading Requirements, 18.790 Urban Forestry Plan, and 18.810 Street and Utility Improvement Standards. As provided below in this report, all supplementary requirements set forth in other chapters of the code are either met or conditioned to be met. FINDING: As shown in the analysis above, the applicable conditional use approval criteria are either met or are subject to a variance request, which staff recommends the Hearings Officer approve. 18.360 SITE DEVELOPMENT REVIEW Site Development Review(Chapter 18.360) 18.360.020 Applicability of Provisions Site development review shall be applicable to all new developments and major modification of existing developments. The proposed change of use from office to medical center is considered a new development. Therefore, the applicable site development review criteria apply. 18.360.090 Approval Criteria The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: Because of the existing development and the proposed medical center is a commercial facility, the following approval criteria are not applicable to the proposed change of use: 18.360.090.A. (Street and Utility Standards), 18.360.090.B. (Relationship to the Natural and Physical Environment); 18.360.090.0 (Exterior Elevations of residential buildings); 18.360.090.E (Privacy and Noise); 18.360.090.F (Shared outdoor area-Multifamily use); 18.360.090.G (Landfills adjacent to 100-year Floodplain); 18.360.090.I. Crime prevention and safety; and 18.360.090.L (Drainage). Approval criteria 18.360.090.D (Buffering, Screening and Compatibility between Adjoining Uses), 18.360.090.K(Landscaping) are discussed elsewhere in this decision. The following are the applicable approval criteria of this section that are relevant to the proposed project: H. Demarcation of public, semi-public and private spaces for crime prevention—Nonresidential development. 1. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and 2. These areas may be defined by, but not limited to: a. A deck,patio, low wall, hedge, or draping vine, b. A trellis or arbor, MADRONA RECOVERY CEN 1'r.R PAGE 7 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER c. A change in elevation or grade, d. A change in the texture of the path material, e. Sign, or f. Landscaping. As shown on the Site Plan (Sheet A2), the applicant proposes eight foot high secure cedar fencing to enclose outdoor areas for use by staff and patients. This criterion is met. J. Public transit. 1. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; 2. The requirements for transit facilities shall be based on: a. The location of other transit facilities in the area, and b. The size and type of the proposal; 3. The following facilities may be required after city and Tri-Met review: a. Bus stop shelters, b. Turnouts for buses, and c. Connecting paths to the shelters. Trimet bus route 38 is located on SW 72nd Avenue approximately 900 feet from the site, exceeding the regulatory distance of 500 feet. This criterion does not apply. M. Provision for the disabled:All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and As shown on the Site Plan (Sheet A2), the development includes two ADA parking spaces, and will be reviewed specifically for ADA conformance during the building permit review process. This criterion is met. N.All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. The applicable development standards in Chapter 18.520 for the C-P zone and the conditional use criteria in 18.330 apply. In addition, the variance criteria in 18.370 apply to the proposed variance to the building setback standard. As reviewed above and below, the applicable standards are met. FINDING: As shown in the analysis above,all of the applicable site development review standards are met. 18.370 VARIANCES AND ADJUSTMENTS A. Purpose. The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. The applicant requests one variance to the conditional use rear yard setback requirement. B.Applicability of provisions. 1. The variance standards are intended to apply to individual platted and recorded lots only. As shown in the property title information in the application, the subject property is a recorded lot of record. This criterion is met. MADRONA RECOVERY CEN I'ER PAGE 8 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER C. Approval process and standards. 1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using standards of approval contained in paragraph 2 of this subsection C. 2. The director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: The change of use from office to medical center makes the existing rear yard setback for the southern building non-conforming. The setback is approximately 14 feet, where 25 feet is required for conditional uses. The setback is 44 percent less than the requirement, requiring a variance instead of a development adjustment,which is otherwise allowed up to 20 percent. a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The proposal is to utilize an existing commercial development for a medical center that will provide 24/7 treatment to adolescent's suffering from mental health and substance abuse disorders. The only setback that is not met for the existing structures is for the rear yard on the west side of the southern building. An eight-foot cedar security and privacy fence is proposed along the rear property line to mitigate any outdoor use of the rear yard of the southern building. This criterion is met. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The change of use from office to medical center creates non-conforming development of the existing southern building's rear yard setback. No change in the existing condition is proposed. This criterion is met. c. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; Medical centers are allowed conditionally in the C-P zoning district. The existing buildings meet all of the standards found in the Community Development Code for professional offices and medical centers with the exception of the rear yard setback. All additional standards found in the Conditional Use chapter solely for medical centers are met. Typically, these types of developments would be proposed on vacant property where there is greater ability to comply; however, given this property is developed, compliance is not an option. No additional concessions are being sought and all other standards are met or exceeded. This criterion is met. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and This is an existing development, there will be no additions or changes to the existing structures or other improvements that will cause any adverse effects to the property, surrounding area, or community. This criterion is met. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The change of use from office to medical center creates non-conforming development of the existing southern building's rear yard setback. No change in the existing condition is proposed. The hardship is not self-imposed and is the minimum variance of the setback. This criterion is met. MADRONA RECOVERY CENIER PAGE 9 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: As shown in the analysis above, the variance criteria are met for the rear setback standard. Staff recommends the hearings officer approve the requested variance. 18.705 ACCESS, EGRESS,AND CIRCULATION 18.705.030 General Provisions B. Requires site plans be presented for approval showing how access requirements are to be fulfilled in accordance with this chapter. The application includes a site plan (Sheet A2) for a proposed medical center use of the existing buildings with details regarding pedestrian and vehicular access to the site. This provision is met. D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. As shown on the Site Plan (Sheet A2), vehicular access connects directly onto SW Varns with an existing driveway. This provision is met. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments. 2. Within all attached housing (except two-family dwellings) and multifamily developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As shown on the Site Plan (Sheet A2), a five-foot wide walkway is provided along the building's north side between the parking lot and the building and between the private drive and the decks surrounding the buildings. This provision is met. Section 18.705.030.J, TABLE 18.705.3 sets the minimum access requirements for commercial use based on required parking spaces. Section 18.765.070 would require the site to have 26 parking spaces. As shown in Table 18.705.3, for developments requiring less than 100 parking spaces, one 30-foot access is required with a pavement width of 24 feet. Variance 2006-00068 previously addressed and legalized the nonconforming access drive dimension of 22 feet and nine inches. This provision is met. MADRONA RECOVERY CEN I ER PAGE 10 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: Based on the analysis above, the Access, Egress and Circulation provisions are met. 18.745 LANDSCAPING AND SCREENING 18.745.040 Street Trees A. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III) permits. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. C. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes according to the Street Tree Soil Volume Standards in the Urban Forestry Manual. E. Street trees required by this section shall be planted within the right of way whenever practicable according to the Street Tree Planting Standards in the Urban Forestry Manual. Street trees may be planted no more than 6 feet from the right of way according to the Street Tree Planting Standards in the Urban Forestry Manual when planting within the right of way is not practicable. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil Volume Standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. G. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City's cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for each tree below the minimum required. According to the applicant's Site Plan, SW Varns Street terminates into the private drive without providing any linear frontage along which street trees could be planted. Therefore, no street trees are required. These provisions do not apply. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site,without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. MADRONA RECOVERY GEN'ER PAGE 11 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. The Buffer Matrix in Table 18.745.1 shows that no buffer is required when the subject property is surrounded by the same C-P zone as the subject property. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. In no cases shall nonconforming screening of parking and loading areas (i.e., nonconforming situation) be permitted to become any less conforming. Nonconforming screening of parking and loading areas shall be brought into conformance with the provisions of this chapter as part of the approval process for conditional use (Type III), downtown design review (Type II and III), planned development (Type III), and site development review (Type II) permits only. The specifications for this screening are as follows: i. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; ii. Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; iii. Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; iv. All parking areas, including parking spaces and aisles, shall be required to achieve at least 30% tree canopy cover at maturity directly above the parking area in accordance with the parking lot tree canopy standards in the Urban Forestry Manual. The existing parking lot is located adjacent to a neighboring parking lot,which does not require screening. As shown on the Tree Canopy Cover Site Plan (Sheet T2), the proposed landscaping provides 63 percent site canopy and approximately 30 percent parking lot canopy cover. These standards are met. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area. As shown on the Site Plan (Sheet A2), the refuse area is enclosed and screened with a slatted cyclone fence. Mechanical equipment is shown in rear and side yards which will be enclosed with an eight-foot high cedar fence.This standard is met. FINDING: Based on the analysis above, the Landscaping and Screening standards are met. 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 18.755.040 Methods of Demonstrating Compliance A.An applicant shall choose one of the following four methods to demonstrate compliance: 1. Minimum standards; MADRONA RECOVERY CEN IER PAGE 12 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 2. Waste assessment; 3. Comprehensive recycling plan; or 4. Franchised hauler review and sign-off. B. The following provisions apply to all four methods of demonstrating compliance: 1. Section 18.755.050, Location, Design and Access Standards, FINDING: The applicant states they intend to use the existing trash enclosure shown on the Site Plan (Sheet A2) located at the north end of the parking lot, which is screened by a six-foot cyclone fence with slats. Provided the new medical center use can be accommodated by the existing facility and continues to be serviceable by the waste hauler, these provisions can be met. To ensure compliance, the following condition of approval will be imposed. CONDITION The applicant shall submit a service provider letter from Pride Disposal verifying the existing enclosure is adequate for the proposed medical center use and accessible for service. 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements. See Table 18.765.2. FINDING: Medical centers require a minimum of 2.0 spaces/1,000 square feet and a maximum of 2.7 spaces/1,000 square feet. As stated in the narrative, the site contains 12,755 square feet of floor area requiring a minimum of 26 spaces and allowing a maximum of 34 spaces. As shown on the dimensioned Site Plan (Sheet A2), thirty spaces are provided that meet the design and location requirements. Bicycle parking is required at 0.2 spaces/1,000 square feet. Three spaces are required and three existing spaces are provided. The off-street parking requirements are met. 18.790 URBAN FORESTRY PLAN 18.790.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements. An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual(UFM); 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and 4. Meet the supplemental report standards in the Urban Forestry Manual. FINDING: An Urban Forestry Plan and supplemental report was prepared by a Certified Arborist/ Tree Risk Assessor Morgan Holen. The report includes the required inventory data for the existing open grown trees,which are shown on Sheet T1. The project exceeds the effective tree canopy cover requirement of 33 percent with existing trees providing 63 percent effective tree canopy cover as shown on Sheet T2. These requirements are met. 18.790.060 Urban Forestry Plan Implementation MADRONA RECOVERY CEN LER PAGE 13 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER B. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban forestry plan shall be'guaranteed and required according to the tree establishment requirements in Section 11,part 2 of the Urban Forestry Manual. No new trees are proposed or required. This provision does not apply. C. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. FINDING: Section 11,Part 3 of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan. This can be met through a condition of approval. CONDITION: Prior to site work, the applicant shall provide a fee in the amount of$518 for the city's cost of collecting and processing the inventory data for the entire urban forestry plan of 14 existing retained trees, $154.00 first tree + $364.00 ($28 each additional x 13) = $518. 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS The applicant proposes to use the existing access from SW Varns Street to the private drive that currently serves the property. No changes are proposed.The existing buildings are currently served by water, sewer,gas, and electricity. No new utilities are required. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department reviewed the proposal and has no objections to it. The City of Tigard Development Engineering Division has reviewed the proposal and identified sewer and water issues on their Public Facilities Plan Completeness Checklist dated Nov 29, 2016. The applicant's response to these issues is dated December 19,2016 and has been included in the record. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue and the Oregon Department of Transportation were both notified of the proposed change of use and did not provide comment. Clean Water Services has reviewed this proposal and issued a Sensitive Area Pre-Screening Site Assessment (#16-003631) dated September 29,2016 stating that the proposed development is not likely to impact the existing or potentially sensitive areas found near the site. Attachment Preliminary Site Plan MADRONA RECOVERY CENTER PAGE 14 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER C� 04"( January 2, 2017 PREPARED BY: Gary Pagenstecher DATE Associate Planner January 2, 2017 REVIEWED BY: Tom McGuire DATE Assistant Community Development Director MADRONA RECOVERY CEN 1'ER PAGE 15 OF 15 CUP2016-00004/VAR2016-00004 1/9/17 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER --- , ,5-1, 4 rv,--' ,0 0, i,..1,, NN II 4ft At*,,,i-.... a_ .A A )1% At 1-.1,--*. 4_:,r,, -4(...r....., A .0. ',.- , ri 111r,: -Ittgt-Imk,-'4%.- ir- v mir :,,.Jvairenatomil-rAwiwirlifinkeitim .. c.,-s. ,-7,- • ftl c7, .0. . P. r •-• 5 ' - cls w ... ,2:vtatmi..... i.',I.,ilir',4 I 4,. .... b .1\ 1 • -. Ci,,.'.. 1.,;'';'..")i,',',''',.'ii,,?..4.,..,.?........,,,,i,...,1.. 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SITE STATISTICS •r."1,...__ l'7. t7, ° ' ,"'' ../ DESCRIPTION REOUIREDAREA PROVIDED AREA A_ 1 I ,EDI— 7 ,... 7 .- H PARKING STATISTICS DescremoN •REQUIRED I PROVIDED_ NiA C,1-S---------' - V-7-' 88.47' _ 4 I— SITE PLAN ) SCALE 1/16''-160" hr'' 1.;ARCHITECTS MADRONA RECOVERY CENTER A2 7000 SW VARNS STREET TIGARD,OREGON "FOR COUNCIL NEWSLETTER" (Sent on 12/12/2016) lig 01 LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 3/22/2017 FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 FILE TITLE: MADRONA RECOVERY CENTER APPLICANT: Madrona Recovery APPLICANT'S CB Two Architects Attn:John Thornton REP: 500 Liberty Street SE, Suite 100 500 Liberty Street SE, Suite 100 Salem, OR 97301 Salem, OR 97301 OWNER: Nelson Vial,LLC 17355 SW Boones Ferry Rd., Suite A Lake Oswego, OR 97035 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7.Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street;Washington County Tax Map 1S101DA Tax Lots 01900&02100. ZONE/ COMP PLAN DESIGNATION: C-P: professional/administrative commercial district. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I El TYPE II ►,1 TYPE III ❑ TYPE IV COMMENTS WERE SENT: December 13,2016 COMMENTS ARE DUE: December 27,2016 ® HEARINGS OFFICER (MON.) DATE OF HEARING: January 9 2017 TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM 0 CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM O STAFF DECISION (TENTATIVE) DA IE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® DRAINAGE PLAN =' IMPACT STUDY El SITE PLAN El STORM WATER ANALYSIS 0 TRAFFIC STUDY NARRATIVE ® TREE PLAN ® OTHER:MISCELLANEOUS STAFF CONTACT: Gary Pagenstecher,Associate Planner (503)718-2434 1-------- N'''- -'-\-1';..?,, N . VICINITY MAP I CUP2016 0D00d VAR2016-0 0004 MADRONA RECOVERY 71-i P CENTER N . "` T.11) 7�1i-io ,uI je,ci Site OM j 44 P) : 4 tii b 0000' 1. 1 r 1 JP' / /: 1 0 r i /' EXISTING 'o /; SOUTH i / „_ .. BUILDING EXISTING : t • Iii i ,, alj NORTH / BUILDING I, _ _ ,09-1:-7„,-439,- isi COS N r '/ .1„14 IN1 <.,TE STATISTICS _ -^' ,�'" rE•c.A iOIADMo1 r.oaso,usw saw I F'' y ' CtSCnnw•1 .xa�:v� .I'�tNpD ^ 88.47' _ s1 0IAA .) V ARCHITECTS MADRONA RECOVERY CENTER AZ 7000 SW VARNS STREET TIGARD,OREGON REQUEST FOR COMMENTS 1111 CITY OF TIGARD REQUEST FOR COMMENTS TIGARD DATE: December 14,2016 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 E-Mail: GaryP@tigard-or.gov -MADRONA RECOVERY CENTER- CONDITIONAL USE PERMIT (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7.Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street;Washington County Tax Map 1S101DA Tax Lots 01900 &02100. ZONE: C- P Professional Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. Please email me if you would like any additional information. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY DECEMBER 27, 2016. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: —� CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: t� FILE NAME: G UP 2,dIla-Docp piii kem% #- COZ/b ' Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director CD Administration/Buff Brown Sr.Transportation Planner(electronic copy) City Administration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) FDevelopment Services/Development Eng.Gr@g-Be (Copy on all Notices of Decision) Building Division/Mark VanDomelen,Building Official Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) Public Works/John Goodrich Public Works/Paul Izatt(Subdivisions ONLY-Full size plan set) Public Works/Jeremy Hanson Hearings Officer(2 sets) Planning Commission(12 sets) City Attorney F File/Reference(2 sets) LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* City of King City City Manager,15300 SW 116th Ave,King City OR 97224* City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* City of Portland,Planning Bureau Director,1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center(ZCA- Adopted)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr.Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179(Notify if ODOT R/R-Hwy Crossing is only access to land).Email:Region1_DEVREV_Applications@odot.state.or.us ODOT,Region 1 -Development Review Coordinator Carl Torland,Right-of-Way Section,123 NW Flanders,Portland OR 97209- 4037(Vacations)* Email:Regionl_DEVREV_Applications@odot.state.or.us ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209 Email:Regionl_DEVREV_Applications@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Routing I'1'RC-Attn: Renae Ferrera,POB 3621,Portland OR 97208- 3621 (powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310(monopole towers) OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District,18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37)-You have the option to send electronic copies. See DLCD website for online submittal procedures OR Division of State Lands,Melinda Wood(WLUN Form Required),775 Summer Street NE,Suite 100,Salem OR 97301-1279 (Documents should be emailed/do not send hard copies) I:\Community Development\Land Use Applications103_Admin Materials\Request for comments Request for Comments Notification List.xlsx Rev.20160505 Page 1 of 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 US Army Corps of Engineers,Kathryn Harris,Routing CENWP-OP-G,POB 2946,Portland OR 97208-2946(Maps and CWS letter only) WCCCA 9-1-1,Ian Crawford,17911 NW Evergreen Pkwy,Beaverton,OR 97006 (preliminary plats-subdivisions) (Documents should be emailed to icrawford@wccca.com/do not send hard copies) Washington County Consolidated Communications Agency(WCCCA)"911",Kelly Dutra,17911 NW Evergreen Pkwy, Beaverton,OR 97006(monopole towers) Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123-5625 (general apps)* Washington County,Cartography,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA Final Notice ONLY)* Principal Planner,Community Planning,Washington County,Dept of Land Use&Trans,Planning and Development Services, 155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,ATTN:Current Planning,155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics, 16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,Right-of-Way Department,Qwest Corporation dba Century Link QC,1208 NE 64th St,4th Floor,Seattle WA 98115 Century Link,Attn: John Pfeifer,1600 7th Ave,4th Floor,Seattle,WA 98191-0000(proposed and approved Annexation notices) Century Link,Karen Stewart,Local Government Affairs Director,310 SW Park Ave,Portland OR 97205(proposed and approved Annexation notices) Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 SW Hillsboro Hwy,Hillsboro OR 97123* Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005 (See map for area contact) Metro Area Communications Commission(MACC),Fred Christ,15201 NW Greenbrier Parkway,C-1,Beaverton OR 97006-4886 (annexations only) NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 NW Natural Gas Company,Account Services,ATTN: Annexation Coordinator 220 NW Second Ave,Portland OR 97209-3991 (Annexations only) Portland General Electric,Lorraine Katz,2213 SW 153rd Drive,Beaverton OR 97006 Portland General Electric,Tod L.Shattuck,2213 SW 153rd Drive,Beaverton OR 97006 Portland Western R/R,Burlington Northern/Sante Fe R/R,Oregon Electric R/R,(Burlington,Northern/Sante Fe R/R predecessor),Bruce Carswell,President and GM,200 Hawthorne Ave SE,Suite C320,Salem OR 97301-5294 Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson, 503-249-3079) Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* f Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* Tualatin Valley Water District,Administrative Office,1850 SW 170th Ave,Beaverton OR 97006* Tri-Met Transit Development,Ben Baldwin,Project Planner,1800 SW 1st Ave#300,Portland,OR 97201 (If project is within 1/4 mile of a transit route) Frontier Communications,John Cousineau,OSP Network,4155 SW Cedar Hills Blvd,Beaverton OR 97005 (Documents should be emailed to John.Cousineau@ftr.com-do not send hard copies) *Indicates automatic notification in compliance with intergovernmental agreement if within 500' of the subject property for any/all city projects(Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Joe or Doreen if you need updates to it.Thank you. I:1Community Development\Land Use Applications103_Admin Materials\Request for commentslRequestfor Comments Notification List.xlsx Rev.20160505 Page 2 of 2 CleanWater Services MEMORANDUM Date: January 10, 2017 To: Gary Pagenstecher, Associa - 'lanner, City of Tigard From: Jackie Sue Humphreys lean Water Services (the District) Subject: Madrona Recovery Center, CUP 2016-00004, 2S101DA01900, 02100 Clean Water Services has reviewed construction drawings for this project as part of the application packet and has no concerns or objections to this application request. As submitted,this application request will not require further review. Consider this memorandum to satisfy the requirement for a Storni Water Connection Permit Authorization. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org Gary Pagenstecher From: Larry Bricker <lbricker@apmportland.com> Sent: Monday, January 09, 2017 10:28 AM To: Gary Pagenstecher Subject: Public Hearing, 6996 SW Varns Good Morning Gary, Thank you for calling me back. At this point I am planning to attend the meeting tonight, but would appreciate receiving the minutes once they are prepared to share with the property owner. Thanks. Best Regards, Larry Bricker Vice President of Commercial Property American Property Management 2154 NE Broadway Suite 200 Portland, OR 97232 Phone 503 281-7779 Fax 503 460-2616 Gary Pagenstecher From: Gretchen Stone <Gretchen@CBTwoarchitects.com> Sent: Monday,January 09, 2017 2:34 PM To: Gary Pagenstecher Cc: John Thornton (johntfuture@gmail.com);Albert Castaneda (albert2375@gmail.com); Kirk Sund Subject: Madrona Recovery- Revised Site Plan Attachments: 2017-01-09 CUP Supplement_v3.pdf Gary, As we have discussed the applicant would like to pull lot 2100 as a result of information just brought to light last week specific to the owning entity for the parcel and the potential need for an additional signature on the application if it were to remain part of the application package. Since that parcel is not necessary for project programming and we are able to meet the requirements of the land use standards for the CUP without lot 2100, it was decided that pulling that property from the application was the most efficient option to keep the project on schedule. As discussed the removal of lot 2100 does not change our ability to meet the standards for approving the CUP application, nor does it change the need for a variance to the rear yard setback which is still applicable. We meet the standards as follows: Lot Size:Minimum lot size 27,000 SF; Project lot size is 42,705 SF(previous plan showed 45,516 SF) Lot Width:Minimum 50 feet; Project has an average of 132 feet(no change) Building Height: Maximum height is 45 feet; Project has an existing height of 25 feet(no change) Site Coverage: Maximum is 85%; Project is 69%(change is 4%increase still within allowable). Landscaping: Minimum required is 15%; Provided 31%landscaped area(change is a 4%decrease). Building Setbacks: Remain the same with the need for relief to the rear yard requirement. I look forward to seeing you at tonight's meeting with the Hearings Officer. Please let me know if there are questions. Best regards, Gretchen Gretchen Stone CBTWOARCHITECTS 1 500 Liberty Street SE, Suite 100 Salem, OR 97301 (503) 480-8700 p (503) 510-5510 c 2 I (E)MECHANICAL EQUIPMENT,SET ON PLATFORM,FULLY SERVICE,AND PRESSURE TEST (NI EXTERIOR DOOR (N)GATE AT SECURITY FENCE REPAIR OR REPLACE STAIRWAYS AS REQUIRED, NEW HANDRAILS ARE TO BE INSTALLED GAS METER (El BIKE RACK TO REMAIN SANITARY SEWER CLEANOUT SEAL COAT ASPHALT PAVING TO PREVENT ADDITIONAL DAMAGE,RE-STRIPE PARKING LOT (N)HANDICAP PARKING AND DROP OFF AREA W/ SIGNAGE NEW EASEMENT TO BE �0�, . LEI TRASH ENCLOSURE TO REMAIN GRANTED AS PART OF CUP FOR FUTURE SEWER \ rr �y ',(\ • YfY ^,� _ _ -- _ ` a „1/4_,, *„..„„,,,,,.....„.;,,,,,,,,, ,,..„..... `�J ii 27-21/2” ti 28 d}" C Aml r 1I Q\ „, .._,r- 1.72,7.'2,1/2..22 ' 2/2 " 2244A lir, 1 -;4222.2.0522',1,' d/' , E s3 S" ( ^ m(,E" i �'}�"+ `Y �` $ q" 'g€ F (31 PARKING SPACES i (12)PARKING SPACES / 4-"ttYart 4,11! ® � " an � ; � �� . . /' O tL ti•y ?Y N 4 / (E)MECHANICAL EQUIPMENT,SET ON EXISTING - F? , "ry - xb ' g --�/ / PLATFORMS,LEVELED,AND FULLY SERVICED ' "3"f, t" �` G °°" /// SOUTH I ': • € r� li¢r}'P >$"� �$ ,� (2)ADA PARKING SPACES 14)PARKING SPACES AL 4, f f base•t�� t ;4.444' < / (E)RETAINING WALL TO REMAIN yN`I7�11_DING p " EXISTING ? 0 R -I // // 8'-0'CEDAR SECURITY FENCE �,J EiL'-a kY "' - aibithi BUILDING �� — / �/ NEWRAILINGSATALLDECK - ,y' ' li/ Jr / /// CONDITIONS TO MEET CODE >r .} J� / i EXISTING SHED O 3r7x"s / �� ,7,- , 53.25' ' 1 �� ' / y� F " ;GIS Q� /. 11 00 / �V` SITE STATISTICS ,C) * N . -..,tiK. now . +. // , , .--' oEscwrna� aEnulaFonaEn raanoeoa�w 0 �aGS/ LANDSCAPE AREA ,S% (13,2)2/02,705)A 31% v/ ��R / (E)LANDSCAPE TO REMAIN 6A\ C // // /// NEW RAILINGS AT ALL DECK CONDITIONS NOTF. SITE AREA IS 02,]05 50.FT.(EXCLUDES 2,811 50.F.OF PROPERTY ll ITO MEET CODE AREA SURROUNDING SHED) LOT 2100 NO LONGER PART •Oe \\\ —-- (1)PARKING SPACE / .,- REPAIR OR REPLACE STAIRWAYS AS REQUIRED, OF THIS APPLICATION 1 \ / NEW HANDRAILS ARE TO BE INSTALLED \ / ^Ilr�1► / 'CEARSECURITYFENCE,LOCATION ONCPTUAL,FINALLOCATIONTOBECOMPACT PAR ST / :810: ROVED BYPIANNINGPARKING STATISTICSj� / // PPROXIMATE RIGHT OF WAYDEu,RISREOUI�D , �D�v/ GATE AT SECURITY FENCEFULL-SIZE PARKING STAIRSN/A16 r -- –I--� -� 88.47' FIRE SERVICE LINE ACCESSIBLE PARKING ALL <50% 2 2 ___ .6 --_– –-- / 1V! TOTAL ON-SITE PAGRKING 26• 26 / •BASED ON PARKING RATKJ OF 2.0/1,000 SO.FT. / SITE PLAN �\ SCALE: 1/16"—1'-0" CB TWOARCHITECTS MADRONA RECOVERY CENTER AI N/ I ,, I ( L I A S� III Y C LI MI P H( 7000 SW VARNS STREET TIGARD, OREGON �� {� ® www.tvfr.com Tualatin Valley Fire & Rescue January 1, 2017 Gary Pagenstecher City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Madrona Recovery Center CUP 2016-00004 Tax Lot I.D: 1 S101 DA 01900 & 02100 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received December 14th, 2016. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1 &D103.1) 2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read"NO PARKING-FIRE LANE"and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 3. NO PARKING: Parking on emergency access roads shall be as follows(OFC D103.6.1-2): 1. 20-26 feet road width—no parking on either side of roadway 2. 26-32 feet road width—parking is allowed on one side 3. Greater than 32 feet road width—parking is not restricted Note: For specific widths and parking allowances,contact the local municipality. 4. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked "NO PARKING FIRE LANE" at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background(or as approved). (OFC 503.3) 5. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) Command&Business Operations Center South Operating Center Training Center and North Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road 11945 SW 70th Avenue Wilsonville,Oregon Sherwood,Oregon Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-259-1500 503-259-1600 BUILDING ACCESS AND FIRE SERVICE FEATURES 6. FIRE PROTECTION EQUIPMENT IDENTIFICATION: Rooms containing controls to fire suppression and detection equipment shall be identified as"Fire Control Room."Signage shall have letters with a minimum of 4 inches high with a minimum stroke width of 1/2 inch, and be plainly legible, and contrast with its background. (OFC 509.1) 7. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) Provide clear address for responders. If you have questions or need further clarification, please feel free to contact me at 503-259-1504. Sincerely, 20/1401, WO Deputy Fire Marshal II John.Wolff@tvfr.com Cc: http://www.tvfr.com/DocumentCenter/View/1296 Commercial/Multi-Family 3.3.1—Page 2 Gary Pagenstecher From: Wolff,John F. <John.Wolff@tvfr.com> Sent: Thursday,January 05, 2017 9:00 AM To: Gary Pagenstecher Subject: Madrona Recovery Attachments: City of Tigar Madrona Recovery Center CUP 2016-00004 7000 SW Varns St.pdf Gary, Thank you for the opportunity to review and comment on this project. As this is a request for a variance there is not an impact or change in construction affecting firefighting water supply. I do want to point out the requirement for premise identification as noted in my attached comments as it pertains to fire department access. Thank you, and I apologize that this is a little late as I have been out of the office for the most of the holiday season. John Wolff Deputy Fire Marshal II — IAAI CFI 503-259-1504 John.wolff@tvfr.com 1 14 . NI CITY OF TIGARD REQUEST FOR COMMENTS TIGARD DATE: December 14,2016 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 E-Mail: GaryP@tigard-or.gov -MADRONA RECOVERY CENTER- CONDITIONAL USE PERMIT (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7.Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street;Washington County Tax Map 1S101DA Tax Lots 01900&02100. ZONE: C- P Professional Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. Please email me if you would like any additional information. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY: WEDNESDA DECEMBER 27, 2016, You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _i We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: 3,,A 0.4.- Nolle 2 57121 1/4/2017 Gmai-7000 9NVams st Gmail john thomton<johntfuture@gmail.com> 7000 SW Vams st 1 message John thomton<johntfuture@gmal.com> Thu,Feb 18,2016 at 9:09 PM To:gordon.kingsley@nthc.com Principle Gordon Kingsley, This is John Thornton. It was nice to meet with you today and talc about the prospect of moving in down the street I wanted to follow up with an email that details our business with the intention of complete transparency. The following is a summary from our business plan. Level of care: Sub-acute(secured, inpatient) integrated mental health and addiction medicine Program goal: Provide brief inpatient treatment that will prevent patients from entering higher levels of care for mental health or substance use disorders. Rapidly stable patients and return them to home environment with continued support until they are fully engaged in outpatient treatment. Length of Stay:7-21 days of residential based on acuity and needs. Continuing care would include video conference therapy and support for up to 3 weeks post discharge to create a bridge to outpatient treatment. Target population:Adults of all ages with mental health and substance use disorders that are too acute to be successful in outpatient treatment due to instability in their living environment and need a 24/7 care environment to stabilize. Special programming to engage with young adults with opioid and methamphetamine addiction. Treatment Philosophy:Trauma Informed Care, Sanctuary Model,that fosters a therapeutic milieu for community based treatment,There is high emphasis on building a therapeutic alliance between patients and the staff treatment team to increase engagement and retention in the program. Interventions are focused on stabilizing mental health and substance use disorders through evidence based practices such as dialectical behavioral therapy and structured relapse prevention to build skills for emotional regulation and interpersonal effectiveness. Staffing: The clinical team of therapists, milieu counselors(mental health techs), RN's, and an MD that has Suboxone prescribing privileges,are experts in mental health and addiction treatment with a specialty in working with young adults and families. Discharge Planning: Starts immediately upon admission with the patient's primary therapist assisting in involving family members and community supports as well as resources for continuing care. Continuing care: Post discharge video and phone support to prevent entry/re-entry to ED or other higher levels of care. Program will assist patient in engaging in outpatient and community resources to prevent relapse and haps://maigoogle.com+mai<u/Onui=2slc=sned71d4dfsview-1t8search=sent8dh=152flee96eafO5c58smk15217ee96eaf05c5 1/2 1/4/2017 c -7000 SW Vams st de-stabilization. I want to highlight the reasons why we would be good neighbors,and more to the point,why we wl not present any risk to Touchstone. Fast,our patient population wl not include violent fdivlduals or sex offenders. Our program will include men and women. We want to ensure the safety of an patients in our care,so this screening wl be an enportant part of our admission criteria. Second,we will be a secure budding. Our patients will check themselves in to our faclity after an admissions process is completed by phone. They would not leave the property until discharge. Scheduled discharges would occur during business hours. Unscheduled discharges(someone checking themselves out)would require a safety protocol and mode of transportation.They would not return unless they went through the admissions process again by phone. What we are not We are not a methadone clinic. In fact,we will not have methadone on the premises. We wid not provide"outpatient"care-where clients would come and go each day,resulting in heavier traffic. We do not offer transitional housing,or group living. These,for similar reasons as outpatient,could present a greater concern to a community. What makes our program safe is the short duration of stay,24/7 clinical oversight,secure setting(with locked doors,privacy fencing)and our "trauma informed"model of care.To provide the best care to our patients,physical space is c itica*y important. Individuals in our community suffering from trauma,depression,anxiety,dependence need a setting that is serene and calm,and quiet We feel Ike this location is a very good fit. I mentioned this before,but I am a teacher by trade and a father of two young daughters. Reaching out to Touchstone was the fast thing on my mind when I got excited about this location. This is what I'd want to know as a parent and educator. I will always be open to answering questions that come up for you,parents,anyone wanting to know more. Sincerely, John Thornton httpx//maig°ogle,cornimal/u/O/?&28k=90ed71d4df$ w9tdseatCh=Sent8dh=152f7ee96eaf05c58sir 152t7ee96ear05c5 212 MAILING / NOTIFICATION RECORDS 120 DAYS: 3-22-2017 DATE OF FILING: 2-13-2017 DATE MAILED: 2-13-2017 111 CITY OF TIGARD makvali Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT CUP2016-00004/VAR2016-00004 Case Name: Madrona Recovery Center Applicant's Name/Address: Madrona Recovery Attn:John Thornton,500 Liberty Street SE,Suite 100,Salem,OR 97301 Owner's Name/Address: Nelson Vial,LLC, 17355 SW Boones Ferry Rd.,Suite A,Lake Oswego,OR 97035 Address of Property: 6996-7000 SW Varns Street,Washington Co.Tax Map No. 1S101DA,Tax Lot 01900 A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT AND VARIANCE. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON JANUARY 9,2017 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THE HEARINGS OFFICER CONTINUED THE OPEN RECORD PERIOD TO RECEIVE ADDITIONAL TESTIMONTY REGARDING THE PROPOSED USE CLASSIFICATION UNITL JANUARY FEBRUARY 7, 2017. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7.Adolescents 13-17 years of age will receive care for 14- 21 days.A variance has been requested to acknowledge the western side yard setback of the south building is not met. Zone: C-P: Professional/Administrative Commercial District: Applicable Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Action: > 0 Approval as Requested ❑x Approval Subject to Conditions 0 Denial Notice: Notice was published in the newspaper and mailed to: D Owners of Record within the Required Distance ❑x Affected Government Agencies 0 Interested Parties x❑ Applicants and Owners The adopted findings of fact and decision can.be obtained from the Planning Division/Community Development Department at the City of Tigard Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON FEBRUARY 13,2017 AND BECOMES EFFECTIVE ON MARCH 3,2017 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 2,2017. Questions: If you have any questions, please call the Associate Planner Gary Pagenstecher in the City of Tigard Planning Division at 503-718-2434 or GaryP a,tigard-or.gov. : . 4 1,11 AFFIDAVIT OF POSTING NOTICE TIGARD City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223 In the Matter of the Proposed Annexation of: Land Use File No.: 2DR2016-000W Land Use File Name: Madrona Recovery Center I, Gary Pagenstecher, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the Planning Commission and City Council Hearings at the site, a copy of said notice being hereto attached and by reference made a part hereof,on the 9`'' day of March,2017 . gol _(---) Signature of ers n • erforme�sting (In the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the I 44441day of tko r ,20 i-7 r,:„..., OFFICIAL STAMPr BETSY GALICIA ��'b , NOTARY PUBLIC-OREGON NOTARY PU ILIC OF OREGON GC',�MISSlON NO.925741 � a � tlY COMMISSION EXPIRES MARCH 09,2018 My Commission Expires: ) l -" 7 _. NOTICE OF PUBLIC HEARING The following will be considered by the Tigard City Council on Tuesday March 28, 2017 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code, and the rules of procedures adopted by the City Council. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223 by calling 503-718-2434, or by e- mail to garyp@tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. PUBLIC HEARING ITEM: NOTICE OF APPEAL MADRONA RECOVERY CENTER CONDITIONAL USE REVIEW (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: Notice of Appeal of the Hearing's Officer decision approving, with conditions, the applicant's proposed change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Yarns Street; Washington County Tax Map 1 S 101 DA, Tax Lot 01900. ZONES: C-P: Professional/Administrative Commercial District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. lq AFFIDAVIT OF MAILING TIGARD I, Gary Pagenstecher,being first duly sworn/affirm,on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: {Check Appropriate Box(es)Below} r ® NOTICE OF Type IIIB Public Hearing FOR: Madrona Recovery Center,MR2016-0001 ❑ AMENDED NOTICE— ❑ City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer O Tigard Planning Commission ® Tigard City Council A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, March 2,2017 and deposited in the United tates Mail on March 2,2017 ,postage prepaid. ary Pagens cher STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the ' 11ft day of MG(Ch.- ,20 11 . OFFICIAL STANIP �" v BETSY GALICIA j J e NOTARY PURIJC-OREGON COMMISSION NO,925741 NOTARY PUBLIC OF OREGON MY COMMISSION EXPIRES MARCH 09,2018 I (( � (� ,.yam._...,.. My Commission Expires: EXHIBIT A 11111 Notice of a Public Hearing — Type IIIB Planned Development Review T"'A R D MADRONA RECOVERY CENTER NOTICE OF APPEAL Case ID: CUP2016-00004/VAR2016-00004 Tigard Community Development Contact Information Date of Notice: Thursday,March 02, 2017 120 days (extended) = April 10, 2017 To: Interested Persons Staff Contact: Gary Pagenstecher 503-718-2434 Garyp@tigard-or.gov A Notice of Aappeal the Hearings Officer decision to approve, with conditions, the proposed development described below, has been filed. The Tigard City Council will conduct a public hearing beginning at 7:30 pm on Tuesday, March 28, 2017 in the Town Hall of the Tigard Civic Center at 13525 SW Hall Blvd., Tigard,Oregon 97223. Anyone wishing to present written testimony on this proposed action may do so by sending it in writing to Gary Pagenstecher. We need to receive your written comments by 5:00 p.m. on Monday, March 20, 2017. Please mail or deliver your comments to 13125 SW Hall Blvd., Tigard, Oregon 97223. Include the Case ID Number: CUP2016-00004/VAR2016-00004. Please address your comments to the appropriate staff person: Gary Pagenstecher.Anyone wishing to present oral testimony may do so at the hearing. Information About the Proposal Description of the Proposal: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days.A variance has been requested to acknowledge the western side yard setback of the south building is not met. Applicant: Madrona Recovery Attn:John Thornton 500 Liberty Street SE, Suite 100 Salem, OR 97301 Owner: Nelson Vial,LLC 17355 SW Boones Ferry Rd.,Suite A Lake Oswego, OR 97035 Proposal Address: 6996-7000 SW Varns Street. Legal Washington County Tax Map 1S101DA Tax Lot 01900 Description: City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 1 Zoning: C-P: Professional/Administrative Commercial District Approval Criteria: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. What You Should Know About This Type IIIB Proposal This appeal requires a quasi-judicial Type III land use appeal hearing at the Tigard City Council. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period or through oral testimony at the public hearing. A staff report will be available for review at least seven days before the hearing. The final decision will be made by the City Council after consideration of relevant evidence and public comments received during the open comment period and at the hearing. The Council's decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: A copy of the application, documents and evidence considered will be contained in the public record and available for public review. If you would like to review this material at no cost, please schedule an appointment with the Records Management Specialist, 503-718-2483. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Public Comment and Hearing Process Information The public hearing on this matter will be conducted in accordance with the Tigard Development Code, Chapter 18.390 and rules of procedure adopted by the Tigard City Council which are available online or by request at City Hall. At the hearing, the City Council will receive a staff report presentation from the city planner, open the public hearing and invite both oral and written testimony. The City Council may continue the public hearing into an additional meeting in order to obtain more information or may close the public hearing and take action on the application. If evidence in support of the application is submitted less than seven days prior to the public hearing, any party is entitled to request a continuance of the hearing. If there is no continuance granted at the hearing,any participant in attendance may request that the record remain for at least seven additional days after the hearing. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Attachments Included in this Notice Vicinity Map Site Map City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2 Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Final Written Comment Deadline is at 5 pm Monday, March 20, 2017 Assistive Listening Devices and Interpreters: Assistive listening devices are available by request. The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171, extension 2438 (voice) or 503-684-2772 (TDD —Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearing. VICINITY MAP R3`5 } CUP2016-00004 J1•13 i VAR2016-00004 7ti14 MADRONA RECOVERY / .+.i `zk.i.' 111.1 CENTER 1.I., 4 MUE Z 7)`l "7 :13.} 11 I) no 73.14 , 71l1- SUtlject Site NM aSl) T 104 iRD �--'4 -< ,, ccy1 11.:.. }: 110 1 11 LOOP -Ail fAn 7 � 31.:31 f'e1•I '170 1.11) 71,44 w) 1:49 -II,1J /i j) 7311 ;11:1 w� yy,�� 7t) _ :.' . •wpro.xl2.0 a , 00-,n,.,etn J 2. Mop ported al 1U Ai AM on 12 000 10 .1141 71-13 71.71 0. .gym"' r41'1='.49 M . f 7 t t, ae <°; .. 7641 . '1,2 ryi x S1312aNlIIB SI hdT111„, ' ;Feet Pg6O101772123 411 G 'Al weu� :114 wwavI.0,,,40.ypv City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.3 n .. ,y .w_...,. sq O i !_. _ 0000 �, Irinn= 1 l 1=11! l l� I I I I 1111 5S - -I EXISTING SOUTH I O BUILDING •M• EXISTING 1 e 7 NORTH `` • 4 i BUILDING �,, _- _ 1 dr r;,l." ��J' /peg. 53.25 .� i" 1 /`- v_ STE SAP.STICS i \x VI 0110•110ft 101110110/14 FlIONCSDANA l',.....,d. L.II l' I j j,1_1 } - /-, PARKING S'AT:S 1ICS \\\ - C p Ft SITE PLAN WI O n CD oro 0 IV N N W r' {�t Aft.ARCHITECTS MADRONA RECOVERY CENTER A2 7000 SW VARNS STREET TIGARD OREGON EXHIBIT B ALBERTSON,BARRY 2S101DA02101 15445 SW 150TH AVE AUTONOME ASR LLC TIGARD,OR 97224 5285 MEADOWS ROAD #320 LAKE OSWEGO,OR 97035 AUTONOMS ASR LLC BEACH,DAYLE D. &EVELYN O. JEFFREY BOWERSOX 11530 SW 72ND AVENUE 6960 SW VARNS ST TIGARD,OR 97223 TIGARD,OR 97223 2S101DC03703 BEILKE,SUSAN BECK FAMILY PROPERTIES LLC 11755 SW 114TH PLACE 16700 S GERBER RD TIGARD,OR 97223 OREGON CITY,OR 97045 BEILS 1EIN,ELLEN BONILLA,NACIA/ STASNY,JAMIE 14630 SW 139TH AVE METROPOLITAN LAND GROUP,LLC TIGARD,OR 97224 17933 NW EVERGREEN PARKWAY,SUITE 300 BEAVERTON,OR 97006 2S101DA00105 BRENNEMAN,HEIDI BRE/HV PROPERTIES LLC 11680 SW TIGARD DRIVE TAX DEPTARTMENT TIGARD,OR 97223 EXTENDED STAY HO EELS OP BOX 49550 CHARLOTTE,NC 28277 2S101DC04300 BUEHNER,GRETCHEN BROWN CASTILLO FAMILY LLC PO BOX 230268 5750 SW ALFRED TIGARD,OR 97281 PORTLAND,OR 97219 CAFFALL,REX CAROL RENAUD 13205 SW VILLAGE GLENN WACO CPO NEWSLE ITER COORD. TIGARD,OR 97223 OSU EXT. SVC-CITIZEN INVOLVEMENT FACULTY 155 NORTH 1ST AVENUE SUI 1'E 200 MS48 HILLSBORO,OR 97124 2S101DA01100 CITY OF TIGARD CHINOOK INVESTMENT COMPANY ATTN: GARY PAGENS lECHER PO BOX 5309 13125 SW HALL BLVD. BEND,OR 97708 TIGARD,OR 97223 CONNERY,STACY CRAGHEAD,ALEXANDER 12564 SW MAIN STREET 12205 SW HALL BOULEVARD TIGARD,OR 97223 TIGARD,OR 97223-6210 DEFILIPPIS,VICTOR 2S101DA01500 13892 SW BRAYDON CT DHS LLC TIGARD,OR 97224 15 OAKWOOD AVE NORWALK,CT 06850 ENGVALL,ANN ERDT,DON&DOROTHY 15461 SW 82 PL 13760 SW 121ST AVENUE TIGARD,OR 97224 TIGARD,OR 97223 FROUDE,BEVERLY 2S101DA01700 12200 SW BULL MOUNTAIN ROAD FUTURE TECHNOLOGY DEVICES TIGARD,OR 97224 INTERNATIONAL LTD 7130 SW FIR LOOP TIGARD,OR 97223 2S101DA00103 GOODHOUSE,JOHN GK TRIANGLE CORPORA TE PARK III L 9345 SW MOUNTAIN VIEW LANE ATTN KBS REALTY ADVISORS TIGARD,OR 97224 P 0 BOX 28270 SANTA ANA,CA 92709 HAMILTON,LISA CPO 4B VICE CHAIR HARDING,TODD&HERING JR,BLAKE. 13565 SW BEEF BEND ROAD NORRIS BEGGS&SIMPSON TIGARD,OR 97224 121 SW MORRISON,SUITE 200 PORTLAND,OR 97204 HOGAN,KEVIN HOWLAND,HAROLD AND RUTH 14357 SW 133RD AVENUE 13145 SW BENISH TIGARD,OR 97224 TIGARD,OR 97223 2S101DA01400 KEERINS,PATRICIA HUG,BILLIE JANE FTE EVANS 15677 SW OREGON ST.APT 209 1152 TROON TIGARD,OR 97140 LAKE OSWEGO,OR 97034 KIMMEL,DAVID KNAPP,MONA 1335 SW 66TH SUITE 201 9600 SW FREWING STREET PORTLAND,OR 97225 TIGARD,OR 97223 2S101DB01100 LISA HAMILTON CHAIR CPO 4B VICE-CHAIR LANFARM LLC 16200 SW PACIFIC HWY SUITE H BOX 242 7060 SW BEVELAND RD TIGARD,OR 97224 TIGARD,OR 97223 LONG,JIM CHAIR,CPO 4M MILDREN,GENE 10730 SW 72ND AVE MILDREN DESIGN GROUP PORTLAND,OR 97223 7650 SW BEVELAND ST,S TE 120 TIGARD,OR 97223 MURDOCK,NATHAN AND ANN NEAL BROWN. GRI 7415 SW SPRUCE STREET MEADOWS INC REALTORS TIGARD,OR 97223 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 2S101DA01900 NEWTH,PATTY NELSON VIAL LLC 12180 SW MERESTONE COURT 7155 SW VARNES ST#120 TIGARD,OR 97223 TIGARD,OR 97223 2S 101 DA01600 2S 101 DA01000 PACIFIC PLAZA FIR LOOP LLC PARAGON INVESTMENTS LLC 7140 SW FIR LOOP#220 7100 SW FIR LP PORTLAND,OR 97223 TIGARD,OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S101DB01000 SPRING,BRAD SHROYER FARMS INC 7555 SW SPRUCE STREET PO BOX 789 TIGARD,OR 97223 PHILOMATH,OR 97370 STALZER,CHARLIE AND LARIE multiple: 2S101DD00200 to 2S101DD01100 14781 SW JULIET TERRACE SUMMIT PROPERTIES INC TIGARD,OR 97224 4380 SW MACADAM BLVD STE 330 PORTLAND,OR 97239 SUNDBERG,ROSS 2S101DA00800 16382 SW 104TH AVE SWENDSEN,A&C FAMILY REV LIVING TIGARD,OR 97224 YARNS STREET PLAZA LLC PO BOX 2688 LA PINE,OR 97739 2S101DC04201 2S101DD00100 T/W ASSOCIA IES,LLC TD PROPERTIES LLC 7190 SW FIR LOOP 184 MILAN ST TIGARD,OR 97223 LEWISVILLE,TX 75067 THOMPSON,GLENNA 2S101DA02300 13676 SW HALL BLVD UNIT 2 TRIANGLE POIN 1'E LLC TIGARD,OR 97223 901 NE GLISAN ST,#100 PORILAND,OR 97232 2S101DA00104 2S101DC03700 TRIANGLE POIN 1'E TWO LLC UNIFED FOOD&COMMERICAL WORKERS 901 NE GLISAN ST,S 1'E 100 UNION LOCAL#555 PORTLAND,OR 97232 PO BOX 23555 TIGARD,OR 97281 2S 101 DB00901 25101 DA02100 YARNS CORNER LLC YARNS STREET PROPERTIES LLC 7155 SW YARNS ST#120 7000 SW YARNS ST TIGARD,OR 97223 TIGARD,OR 97223 WEGENER,BRIAN 2S101DA02000 9830 SW KIMBERLY DRIVE WEST COAST LUMBER INSPECTION BUR TIGARD,OR 97224 6980 SW VARNS ST PORTLAND,OR 97223 multiple:2S101DA00900 to 2S101DD00101 WESTON INVESTMENT CO LLC 2154 NE BROADWAY,S11,200 PORTLAND,OR 97232 ,ii • , COMMUNITY NEWSPAI3EIS 6605 SE Lake Road, Portland, OR 97222 - i t. , ,i i PO Box 22109 Portland OR 97269-2109 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: legals@commnewspapers.com t 'OittI Y 4 ,'"-„.'4-14,,, ` The following will be considered by the Tigard city Council AFFIDAVIT OF PUBLICATION on + ''2017 at 7;30 PM at the Tigard City Hall,,Town 3 ee' {flredon I3325SBlvd State of Oregon, County of Washington, SS TileFullio ticari4 conthh Intakt w>il� Y ,held uncer Title18 I, Charlotte Allsop, being the first duly sworn, and` -riul s of procedure set fOrth in' on 18; .050. depose and say that I am the Accounting The City Council review'and public hearing is for tl Manager of The Times (serving Tigard, of making a decision on the appeal of the Hearing's Oiceerr Tualatin & Sherwood), a newspaper of Decision approving the proposed use with conditions of ap- general circulation, published at Tigard, in the proval: aforesaid county and state, as defined by Further information may be obtained from the City of Tigard` Planning Division (Staff contact: Gary Pagenstecher, ORS 193.010 and 193.020, that GaryP®ti'gard-or.gov)at 13125 SW Hall Blvd.,Tigard,Ore- gon 97223 or by calling 503-718-2434. City of Tigard APPEAL OF HEARING'S OFFICERAPPROVAL Notice of Public Hearing to Appeal— 1NAARONARFt. OVERY CENTER Madrona Recovery Center CUP 2016-00004 t UNDITIONALE W IC )2016-00004 TT87479 VARIANCE(YAM 2Qt6-00(104 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre.site A copy of which is hereto annexed, was located at 6996-7000 SW Varns Street zoned Professional published in the entire issue of said Commercial(C-P).The adaptive reuse project includesthe in- newspaper for tenor remodeling of two existing buildings to acconnnodate a 1 secure 23-bed inpatit iolescer i` ! ..x g >a t use disorder treatment fadility, t AP tes.2 j dq{es� s week in the following issue: - ai :' y `Avariance March 9, 2017 tots b-en 8 .'to' < , n r setback of the south building is not met. L TION 'l c:L t,(, I-L (t l-k ) .-7+I s ' v, ��.; S s � ,:, t., Coon Charlotte Allsop (Accounting Manager) 101DA Lots ,€r! i 3$. - vt' P -;., Commercial. APPLICABLE REVIEW CRITERIA: Com- munity Development Code Chapters 18.330, 18.360, 18.370, Subscribed and sworn to before me this 18.390, 18,520, 18.705, 18.745, 18.755, 18.765, 18.790, March 9, 2017. 1,8.795 and-18.810. ...r //A'''.------ , NOTARY PUBLIC FOR OREGON Acct#10093001 Attn: Gary Pagenstecher =' OFFICIAL.STAMP City of Tigard SHAWN M SROUFE 13125 SW Hall Blvd f NOTARY PUBUC-OREGON r Tigard, OR 97223 956603 4 r - ,�. MY COMMISSION EXPIRES NOVENSER 17 2020 Size: 2 x 9.25" I Amount Due$154.46* *Please remit to address above. :im 'Publish 03/09/2017. 'T 05887479 Gary Pagenstecher From: Ifaxon@pamplinmedia.com Sent: Thursday, March 02, 2017 11:04 AM To: Gary Pagenstecher Subject: RE:Appeal of Madrona Recovery Center Good Morning Gary, Notice received. I will get this notice, with logo and map, in the March 9t'' edition of The Times. Once published, I will send affidavits of publication to your attention. Thank you, Louise Faxon Legal Advertising Community Newspapers/Portland Tribune 6605 SE Lake Rd, Portland 97222-2161 PO Box 22109, Portland OR 97269-2109 Please note new phone number:(971)204-7752 Fax(503)620-3433 Ifaxon@commnewspapers.com or Ifaxon@pamplinmedia.com Legals Notices are online at:http://publicnotices.portlandtribune.com From:Gary Pagenstecher [mailto:Garyp@tigard-or.gov] Sent:Thursday, March 02,2017 9:05 AM To: Louise Faxon<Ifaxon@pamplinmedia.com> Subject:Appeal of Madrona Recovery Center Louise, Please publish the attached add in the March 9, 2017 issue of the Times.Send receipt of request and affidavit of publishing. Thank you, Gary Gary Pagenstecher Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-718-2434 Fax: 503-718-2748 Email:garyp@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 ti '. VICINITY MAP R-3.5 CUP2016-00004 nm VAR2016-00004 ilil MADRONA RECOVERY X1.3 CENTER g R 'S > MUE a 71311 1.1T3 . i 12l Subject Site 711 I♦ 7I'1"- t /IV 51111:;11.41 ;tw oR t.1. r gram LOOP ill) \ ?? IJ ;11444 7131 ?Mt) _ 7139 �lin 3:49 113971.09 1?19 a 7 ) 19 7051 .f Approx Scale 12.000-1 in=1e7 n 1351 I 7 € _ a`% Map printed at 10'.38 AM on 12-Dec-18 7051 7000 m. a 7051 -, M.,oaoa�. 7 05 7051' 7005 LIMES NO WARM,PEPPESE Maa tPoEoaoas:9or7 s , 7141 rs City of Tigard ADD 13125 SW Haar BIM (G I op Tg d,OR 97223 _ .t 1' �n 503639-4171 N 75 www bgard-or goy ncAaa 11111 N TIGARD PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on March 28,2017 at 7:30 PM at the Tigard City Hall,Town Hall Room, 13125 SW Hall Blvd.,Tigard, Oregon. The public hearing on this matter will be held under Title 18 and the rules of procedure set forth in Section 18.390.050. The City Council review and public hearing is for the purpose of making a decision on the appeal of the Hearing's Officer Decision approving the proposed use with conditions of approval. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Gary Pagenstecher, GaryP@tigard-or.gov) at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-718-2434. APPEAL OF HEARING'S OFFICER APPROVAL MADRONA RECOVERY CENTER CONDITIONAL USE REVIEW (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street; Washington County Tax Map 1S101DA Tax Lots 01900 & 02100. ZONE: C-P Professional Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. (ATTACHED VICINITY MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION) TT PUBLISH DATE: March 9,2017 1111 . II AFFIDAVIT OF MAILING TIGARD I, Gary Pagenstecher,being first duly sworn/affirm,on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below} ® NOTICE OF Public Hearing Type IIIA FOR: Madrona Recovery Center CUP2016-00004/ VAR2016-00004 ❑ AMENDED NOTICE— ❑ City of Tigard Community Development Director's Designee ® Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof,December 13,2016,and deposited in the United States Mail on December 13,2016 ,postage prepaid. Yfr , ry Pagenstecher STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the /(Psi day of G ,20�6-. 1 1 4,. OFFICIAL STAMP IA < _ BETSY GAJCCOMA/5880N0�NO,92 7 41 MY COPfl88t�N N MARCH 09,2018 4...,,,te -LiA, NOTARY PUBLIC OF OREGON My Commission Expires: 3!9/ J e EXHIBIT A 11 Notice of a Public Hearing — Type IIIA 1 41 Conditional Use Review TIGARD MADRONA RECOVERY CENTER Case ID: CUP2016-00004 VARIANCE(VAR)2016-00004 Tigard Community Development Contact Information Date of Notice: Tuesday, December 13, 2016 120 days = March 22, 2016 To: Interested Persons Staff Contact: Gary Pagenstecher 503-718-2434 Garyp@tigard-or.gov Development is proposed in your neighborhood that requires a land use review. The Hearings Officer will conduct a public hearing beginning at 7:00 pm on Monday, January 09, 2017 in the Town Hall of the Tigard Civic Center at 13525 SW Hall Blvd.,Tigard, Oregon 97223. Anyone wishing to present written testimony on this proposed action may do so by sending it in writing to Monica Bilodeau. We need to receive your written comments by 5:00 p.m. on Tuesday, December 27, 2016, although written comments will be accepted up until the hearing. Please mail or deliver your comments to 13125 SW Hall Blvd., Tigard, Oregon 97223. Include the Case ID Number: CUP2016- 00004. Please address your comments to the appropriate staff person: Monica Bilodeau. Anyone wishing to present oral testimony may do so at the hearing. Information About the Proposal Description of the Proposal: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days.A variance has been requested to acknowledge the western side yard setback of the south building is not met. Applicant: Madrona Recovery Applicant's Attn:John Thornton Rep: CB Two Architects 500 Liberty Street SE, Suite 100 500 Liberty Street SE, Suite 100 Salem, OR 97301 Salem, OR 97301 Owner: Nelson Vial,LLC 17355 SW Boones Ferry Rd., Suite A Lake Oswego, OR 97035 Proposal Address: 6996-7000 SW Varns Street; Legal Description: Washington County Tax Map 1S101DA Tax Lots 01900&02100. Zoning: C-P: Professional/Administrative Commercial District Approval Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, Criteria: 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 1 What You Should Know About This Type IIIA Proposal This proposal requires a quasi-judicial Type III-HO land use review and hearing in front of the Hearings Officer. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period or through oral testimony at the public hearing. The Community Development Department will be making a recommendation to the Hearings Officer on this proposal; our staff report and recommendation will be available for review at least seven days before the hearing. The final decision will be made by the Hearings Officer after consideration of relevant evidence and public comments received during the open comment period and at the hearing. The decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: A copy of the application, documents and evidence considered will be contained in the public record and available for public review. If you would like to review this material at no cost, please schedule an appointment with Records Management Specialist, 503-718-2483. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Public Comment and Hearing Process Information The public hearing on this matter will be conducted in accordance with the Tigard Development Code, Chapter 18.390 and rules of procedure adopted by the Tigard City Council which are available online or by request at City Hall. At the hearing, the Hearings Officer will receive a staff report presentation from the city planner, open the public hearing and invite both oral and written testimony. The Hearings Officer may continue the public hearing into an additional meeting in order to obtain more information or may close the public hearing and take action on the application. If evidence in support of the application is submitted less than seven days prior to the public hearing, any party is entitled to request a continuance of the hearing. If there is no continuance granted at the hearing, any participant in attendance may request that the record remain for at least seven additional days after the hearing. Appeal Information Failure to raise any issue regarding this proposal, either in person or in writing prior to the close of the public hearing, or failure to provide testimony or sufficient evidence to allow the Hearings Officer to respond to the issue,precludes an appeal to the Land Use Board of Appeals based on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Final Written Comment Deadline is at 5 pm Tuesday, December 27,2016 City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2 Assistive Listening Devices and Interpreters: Assistive listening devices are available by request. The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171, extension 2438 (voice) or 503-684-2772 (TDD — Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearing. Vicinity Map VICINITY MAP R_3 5CUP2016-00004 VAR2016-00004 B X13 MADRONA RECOVERY 7 ?i-b 7Ifi4 CENTER 1 C 4.1 > MUE O 711 7373 3111 N 3119 ;i '9 tt , `- AD 7111 7111 Subject Site \ IM 8171 7311 -k IF 11.1.1 k11;. IIIA'.,lis; 1.1.4 1311 mow if .5iir MEI lOOP ISA 7]1.1 LJ .j..3 711l 7134 71311;3 X31 :31 93111.U9 71:47144 I.J.d4 7051 �� -ii„.4J 7051 "D :.e<% Map Preded�tU:l9 AM on 11.U+c-18 I'd i 7051 ° OK On Or 7051 7005 K�w,n." a� ;. c ,r o Fel T1"'MAPS 'T� oR 87223 N ` :r i 03638,,1, www lgaro-or 9ov .:q City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.3 C/A E—r rD SZ 0,10..,0%,«..*" H cii. ., ..�,..«,, . 07,:'-, Sz a, n . . — - r —_ ter 000a z 1I , I I ) ' � j a II1lI JP g -') EXISTING rD _ "it - SOUTH BUILDING EXISTING ° \ 1 r /'' BUILDING I I I I ,I I / / /'' --3.21'.------ ��J� / �� 0 5 _ / m - •,o:-t jy/ `` SITE STATISTICS cn ' _ ,s _ . ,' �oanlon • Z 6 ,..a...., �, . —T 11 c c c '—' p / mo.cuuwo.u..cPARKING STATISTICS .icouIEn .vxo+n® 88.47' .,.. (TQ Iy P-. SITE PLAN �\ O SCALE We..r'C'CD - 0 J N N W OT7 4 ARCHITECTS MADRONA RECOVERY CENTER A2 7000 SW VARNS STREET TIGARD,OREGON EXHIBIT B ALBERTSON,BARRY 2S101DA02101 15445 SW 150TH AVE AUTONOME ASR LLC TIGARD,OR 97224 5285 MEADOWS ROAD#320 LAKE OSWEGO,OR 97035 BEACH,DAYLE D.&EVELYN O. 2S101DC03703 11530 SW 72ND AVENUE BECK FAMILY PROPERTIES LLC TIGARD,OR 97223 16700 S GERBER RD OREGON CITY,OR 97045 BEILKE,SUSAN BEILS FEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 BONILLA,NACIA/STASNY,JAMIE 2S101DA00105 METROPOLITAN LAND GROUP,LLC BRE/HV PROPERTIES LLC 17933 NW EVERGREEN PARKWAY,SUI IE 300 TAX DEPTARTMENT BEAVERTON,OR 97006 EX TENDED STAY HOTELS OP BOX 49550 CHARLOTTE,NC 28277 BRENNEMAN,HEIDI 2S101DC04300 11680 SW TIGARD DRIVE BROWN CASTILLO FAMILY LLC TIGARD,OR 97223 5750 SW ALFRED PORTLAND,OR 97219 BUEHNER,GRETCHEN CAFFALL,REX PO BOX 230268 13205 SW VILLAGE GLENN TIGARD,OR 97281 TIGARD,OR 97223 CAROL RENAUD 2S101DA01100 WACO CPO NEWST.F ITER COORD. CHINOOK INVESTMENT COMPANY OSU EXT.SVC-CITIZEN INVOLVEMENT FACULTY PO BOX 5309 155 NORTH 1ST AVENUE SUITE 200 MS48 BEND,OR 97708 HILLSBORO,OR 97124 CITY OF TIGARD CONNERY,STACY ATTN:GARY PAGENS 1'ECHER 12564 SW MAIN STREET 13125 SW HALL BLVD. TIGARD,OR 97223 TIGARD,OR 97223 CRAGHEAD,AT.FXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S101DA01500 ENGVALL,ANN DHS LLC 15461 SW 82 PL 15 OAKWOOD AVE TIGARD,OR 97224 NORWALK,CT 06850 ERDT,DON&DOROTHY FROUDE,BEVERLY 13760 SW 121ST AVENUE 12200 SW BULL MOUNTAIN ROAD TIGARD,OR 97223 TIGARD,OR 97224 2S101DA01700 2S101DA00103 FUTURE TECHNOLOGY DEVICES GK TRIANGTF CORPORATE,PARK III L IN I'LRNATIONAL L1'D ATIN KBS REALTY ADVISORS 7130 SW FIR LOOP P 0 BOX 28270 TIGARD,OR 97223 SANTA ANA,CA 92709 GOODHOUSE,JOHN HAMILTON,LISA CPO 4B VICE CHAIR 9345 SW MOUNTAIN VIEW LANE 13565 SW BEEF BEND ROAD TIGARD,OR 97224 TIGARD,OR 97224 HARDING,TODD&HERING JR,BLAKE. HOGAN,KEVIN NORRIS BEGGS&SIMPSON 14357 SW 133RD AVENUE 121 SW MORRISON,SUITE 200 TIGARD,OR 97224 PORTLAND,OR 97204 HOWLAND,HAROLD AND RUTH 2S101DA01400 13145 SW BENISH HUG,BILLIE JANE ITE EVANS TIGARD,OR 97223 1152 1'ROON LAKE OSWEGO,OR 97034 KEERINS,PATRICIA KIMMEL,DAVID 15677 SW OREGON ST.APT 209 1335 SW 66TH SUITE 201 TIGARD,OR 97140 PORTLAND,OR 97225 KNAPP,MONA 2S101DB01100 9600 SW FREWING STREET LANFARM LLC TIGARD,OR 97223 7060 SW BEVELAND RD TIGARD,OR 97223 LISA HAMILTON CHAIR CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE.H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 MILDREN,GENE MURDOCK,NATHAN AND ANN MILDREN DESIGN GROUP 7415 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN.GRI 2S101DA01900 MEADOWS INC REALTORS NELSON VIAL LLC 12655 SW NORTH DAKOTA STREET 7155 SW VARNES ST#120 TIGARD,OR 97223 TIGARD,OR 97223 NEWTH,PATTY 2S101DA01600 12180 SW MERESTONE COURT PACIFIC PLAZA FIR LOOP LLC TIGARD,OR 97223 7140 SW FIR LOOP#220 PORTLAND,OR 97223 2S101DA01000 RORMAN,SUE PARAGON INVESTMENTS LLC 11250 SW 82ND AVE 7100 SW FIR LP TIGARD,OR 97223 TIGARD,OR 97223 RUEDY,ROBERT 2S101DB01000 14185 SW 100TH AVENUE SHROYER FARMS INC TIGARD,OR 97224 PO BOX 789 PHILOMATH,OR 97370 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 multiple:2S101DD00200 to 2S101DD01100 SUNDBERG,ROSS SUMMIT PROPERTIES INC 16382 SW 104TH AVE 4380 SW MACADAM BLVD S 1'E 330 TIGARD,OR 97224 PORTLAND,OR 97239 2S101DA00800 2S101DC04201 SWENDSEN,A&C FAMILY REV LIVING T/W ASSOCIATES,LLC YARNS STREET PLAZA LLC 7190 SW FIR LOOP PO BOX 2688 TIGARD,OR 97223 LA PINE,OR 97739 2S101DD00100 THOMPSON,GLENNA TD PROPERTIES LLC 13676 SW HALL BLVD UNIT 2 184 MILAN ST TIGARD,OR 97223 LEWISVILLE,TX 75067 2S101DA02300 2S101DA00104 TRIANGT.F POINTE LLC TRIANGTF POINTE.TWO LLC 901 NE GLISAN ST,#100 901 NE GLISAN ST,SIE 100 PORTLAND,OR 97232 PORTLAND,OR 97232 2S101DC03700 2S101DB00901 UNITED FOOD&COMMERICAL WORKERS VARNS CORNER LLC UNION LOCAL#555 7155 SW VARNS ST#120 PO BOX 23555 TIGARD,OR 97223 TIGARD,OR 97281 2S101DA02100 WEGENER,BRIAN YARNS STREET PROPERTIES LLC 9830 SW KIMBERLY DRIVE 7000 SW\TARNS ST TIGARD,OR 97224 TIGARD,OR 97223 2S101DA02000 multiple:2S101DA00900 to 2S101DD00101 WEST COAST LUMBER INSPECTION BUR WESTON INVESTMENT CO LLC 6980 SW VARNS ST 2154 NE BROADWAY,StE 200 PORTLAND,OR 97223 PORTLAND,OR 97232 1111 AFFIDAVIT OF POSTING NOTICE T I G A RD City of Tigard Community Development 13125 SW Hall Boulevard Tigard,hOR 97223 In the Matter of the Conditional Use proposed Madrona Recovery Center: Land Use File No.: CUP2016-00004/VAR2016-00004 Land Use File Name: Madrona Recovery Center I, Gary Pagenstecher, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the Type III Hearings Officer Development Review at the site, at the Tigard Public Library.Tigard City Hall and the Tigard Permit Center, a copy of said notice being hereto attached and by reference made a part hereof,on the 13th day of December 2016 . Signature of erson Who erformed Posri (In the presence of r e Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the /giay of Ja n vary ,20 /7 . U T OFFICIAL STAMP 5:74V BEI SY GALICIA NOTARY PUBLIC-OREGON aCOMMISSION NO.925741 / MY COMMISSION EXPIRES MARCH 00,2018 'rd eisik �12. _r NOTARY PUBLIC•F OREGON My Commission Expires: //O/g I:\CURPLN\Gary\Subdivision and PD\PDR2015-00002(Polygon at Roshak Ridge)\PDR2015-00002AffidavitPolygonRoshakRidgeGary20150408.docx NOTICE OF PuBLIC HEARING ,. The following will be considered by the Tigard Hearings Officer on Monday January 9, 2017 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code, and the rules of procedures adopted by the Hearings Officer. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223 by calling 503-718-2427, or by e-mail to GaryP@tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. PUBLIC HEARING ITEM: - MADRONA RECOVERY CENTER - CONDITIONAL USE REVIEW (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street; Washington County Tax Map 1 S 101 DA Tax Lots 01900 & 02100. ZONE: C-P Professional Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Assistive Listening Devices and Interpreters: Assistive listening devices are available by request. The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171, extension 2438 (voice) or 503-684-2772 (TDD — Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearing. Vicinity Map VICINITY MAP R-3.5 CUP2016-00004 " VAR2016-00004 7t3 7U MADRONA RECOVERY 73 3 "711.1 , CENTER R C ill MuE na > 1.111 711n Subject Site `.7i9 I)39 1101111‘ fe NZ OF _r gillLOOP `J"'a 71.1.7:9?3 J `III) 7.11'.17149 j:jl) 1114 f L jt1 , 71'3 kk , 1 'III} 7051,.... A O,Scab 1:2.000./n.167X 1350I Map prnletl a110:39 AM on 12-DeF16 a :11.---.3 7051 Ili .. 7051 a: w 111 a,lrnr 151 701 .01.1.1.4 oa >.nCAa a J.LJ _,p�Cp'.e,� 131Elva 0 Feat106y 11611.0" T p25 6SW Heli63 6JW 17223 a tll- www towel 0,90',N City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.3 Ert P H .1..1....,04.1, n • o (' ,,.� �t 0000 0c,'( - t ��I� Ir1 ,1' I iIIi --.2.' EXISTING ,- co / r O SOUTH w .,,, _ /-- - LS ,�- BUILDING EXISTING t r" BUILDING 1 NORTH 1 / i /- C7 Fl l .� / O 53.25' / T--I h- ry N MI N CJS ''/ ,] SITE STATISTICS • / f• /,'/ `C` OERriIflM1 1l01!•®AEM YTOLI•ED.E� h4 "4 I •fie. ®i _. --__ w i PARKING STATISTICS o+<. 't--.--------------— — 88.47' ac a• SITE PIANik. _-_ TALE 11W-VA. _.— / Ilr N O 0 -I N N W ' CYQ A ARCHITECTS MADRONA RECOVERY CENTER A2 7000 SW VARNS STREET TIGARD.OREGON .1114 ," • , COMMUNITY SPAPEIRS 6605 SE Lake Road, Portland, OR 97222 PUBLIC HEARING ITEM: Box Lake 97269-2109ORThe following will be considered by the Tigard Hearings Of- Phone: 503-684-0360209Portland FOR 503-620-3433ficer on January 9, 2017 at 7:00 PM at the Tigard City Hall, Town Hall Room, 13125 SW Hall Blvd.,Tigard,Oregon. E-mail: legals@commnewspapers.com Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and the rules of pro- AFFIDAVIT O F PUBLICATION pro- cedure set forth in Section 18.390.050. The Hearings Officer review is for the purpose of making a decision on the request. State of Oregon, County of Washington, SS Further information may be obtained from the City of Tigard I, Charlotte Allsop, being the first duly sworn, Planning Division (Staff contact: Gary Pagenstecher, depose and say that I am the Accounting GaryP( tigard-or.gov) at 13125 SW Hall Blvd., Tigard, Ore- Manager of The Times (serving Tigard, son 97223 or by calling 503-718-2434. Tualatin & Sherwood), a newspaper of general circulation, published at Tigard, in the -MADRONA RECOVERY CENTER- 9 �, CONDITIONAL USE REVIEW(CUP)2016-00004 aforesaid county and state, as defined by VARIANCE(VAR)2016-00004 ORS 193.010 and 193.020, that ;REQUEST: The applicant proposes a change of use from an City of Tigard existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Notice of Public Hearing—Madrona Commercial (C-P). The adaptive reuse project includes the in- Recovery Center CUP 2018-00004; VAR terior remodeling of two existing buildings to accommodate a 2016-00004 secure 23-bed inpatient adolescent mental health and substance TT76284 use disorder treatment facility that operates 24/7.Adolescents 13-17 years of age will receive care for 14-21 days.A variance A copy of which is hereto annexed, was has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: published in the entire issue of said 6996-7000 SW Varns Street; Washington County Tax Map newspaper for 1S101DA Tax Lots 01900 & 02100. ZONE: C-P Professional 1 Commercial. APPLICABLE REVIEW CRITERIA: Commu- week in the following issue: ttity Development Code Chapters 18.330; 18.360, 18.370, December 15, 2016 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, / 1Att4 ) 18.795 and 18810.C L l/ 1{{ii/ Cr -1, VICiM1Y MAP Charlotte Allsop (Accounting Manager) , % <AP,, ccwiew 1 Subscribed and sworn to before me this " � �� ,� December 15, 2016. )/ L7Gx1 ty�SK� ,-4 f NOTARY P BLIC FOR OREGON ` : Acct#10093001 '"/� Attn: Gary Pagenstecher -I City of Tigard �� .i 13125 SW Hall Blvd k, si .4, Tigard, OR 97223 4' r n °w -E 11: ;fr ate, i Size: 2 x 8.62" �. _, �..____ _ _._ _ _._..._ ..- �t-�-�-�- ti- -�tti-`- ---�-ti� Publish 12/15/2016. TT15876284 Amount Due$144.00* OFFICIAL STAMP 'I -- *Please remit to address above. JERRIN L.SIPE NOTARY PUBLIC-OREGON ??�;.: NOTICE OF PUBLIC HEARING The following will be considered by the Tigard Hearings Officer on Monday January 9, 2017 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code, and the rules of procedures adopted by the Hearings Officer. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223 by calling 503-718-2427, or by e-mail to GaryP@tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. PUBLIC HEARING ITEM: - MADRONA RECOVERY CENTER - CONDITIONAL USE REVIEW (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1 .04-acre site located at 6996-7000 SW Yarns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Yarns Street; Washington County Tax Map 1S101DA Tax Lots 01900 & 02100. ZONE: C-P Professional Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. :111 � . TIGARD PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard Hearings Officer on January 9, 2016 at 7:00 PM at the Tigard City Hall, Town Hall Room, 13125 SW Hall Blvd.,Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and the rules of procedure set forth in Section 18.390.050. The Hearings Officer review is for the purpose of making a decision on the request. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Gary Pagenstecher, GaryP@tigard-or.gov) at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-718-2434. - MADRONA RECOVERY CENTER - CONDITIONAL USE REVIEW (CUP) 2016-00004 VARIANCE (VAR) 2016-00004 REQUEST: The applicant proposes a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback of the south building is not met. LOCATION: 6996-7000 SW Varns Street; Washington County Tax Map 1S101DA Tax Lots 01900 & 02100. ZONE: C-P Professional Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. (ATTACHED VICINITY MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION) TT PUBLISH DATE: December 15,2016 VICINITY MAP CUP2016-00004 R-3.5 7155VAR2016-00004 7155 '713315 MADRONA RECOVERY 155 714 ,I'S CENTER ; 7145 — n 711 MU E Q ---------71:,----- I._ nty.1: 11 0:-.' 't\ 7080 7090 7111 7100 7110 1 - Subject Site 7 . is. 7070 7071 :."... e ,0 7165 S f}l;' `'L bill 44-- - 7136: ' 2 : �%�N 7165 r 5 #ll+ `" 165 •` . —lair 17 I III � DIU LOOP 'ill!) 7An al) 3013 71.0 1 ,1 -x- 7 ,-.: •�.) 3U 7150 7180 60 715 SD 7150.` 13500 13500 7051 Mao..etas iz,uW-1 n=167n `13500 Map pooled at 10:39 AM an 12-Dec-16 7095 7051 7040 „„�7,, :.USP ..1051 7005 v. } 15 � .F INFORMATION DRE�SSOF D € �0ayy Tqa Tl.it 1i3il2P o Rae t 11644)p 144 50363&1171R l 0 100 'lJ/',3 arwar.EgenLpr.gm riink 1> N it APPLICANT MATERIALS dXY ice. City of Tigard ' f ie .'ipl COMMUNITY DEVELOPMENT DEPARTMENT C vl� r t a 'i,;M�-t TIGARD Master Land Use Application ,�ail � � .mf\, ,'----r , ;.a; LAND USE APPLICATION TYPE ❑ Adjustment/Variance (II) 0 Minor Land Partition (II) ❑/Comprehensive Plan Amendment (IV) 0 Planned Development(III) Li'l Conditional Use (III) 0 Sensitive Land Review(II or III) ❑ Development Code Amendment(IV) 0 Site Development Review(II) ❑ Downtown Design Review(II,III) 0 Subdivision (II or III) ❑ Historic Overlay(II or III) 0 Zone Change (III) ❑ Home Occupation (II) 0 Zone Change Annexation (IV) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) Conditional Use request to allow a change of use for an existing law office located in the C-P Professional Commercial zone. to a mpriical center l lcr? ThP pmp s rl dpvelnpmPnt wnldd include an intPrinr rramndel to an existing commercial nffira cnmplaY fnr an inpatient adolescent mental health and substance use disorder treatment facility. PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 6996-7000 SW Vams Street Tax maps and tax lot #s: 2S101DA/01900&02100 Total site size: Approximately 1.04 acres Zoning classification: C-P Professional Commercial Ion S1AI1 ISI: ONl. APPLICANT INFORMATION � �� v Case No.: LI Name: Madrona Recovery(John Thornton) Related Case No.(s): V?2J16 -t?Be'o it Mailing address: 500 Liberty Street SE,Suite 100 �,y // ,,,, e� Application Fee: (47, 'I'(, City/state: Salem OR Zip: 97301 Application accepted: Phone number: (503)480-8700 tt By: Date:t 0 Primary contact name: Gretchen Stone-CB Two Architects Application determined complete: Phone number: (503)480-8700 $� Date: Email: gre#chen@cbtwoarchftects.com I:\CURPLN\Mesten\Land Use Applications Rev.11/25/2014 01116SIMIWODIONEW 11111011110: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page.1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Naticxera$�.. v;A, Tad' Mailing addresa7 ...•-_ - . . - - Cit /stag: Take. namo.34. OR Zip: 97on Phone: Email: . When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL.CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). 41111. Aer Topa Thornton 101/2-11 ' �{ ature Print name Date r;-iiistony b• t2.-• App i n gen Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of z> h owner of the subject property req • LLC__ n Owner's signature Printn a kersao Jo Date RICJ Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-o gov • 503-718-2421 • 'Page 2 of 2 - MADRONA RECOVERY CENTER 25101 DA 01900/02100 CU P2016-00004 CONTENTS Completed Master "Land Use Permit Application with owner's signatureApplication Title transfer instrument or grand deed Title/ Deeds Written summary, CUP &Variance Project Summary/Land Use Requests Narratives Documentation of Neighborhood Meeting Evidence of Neighborhood Meeting Service Provider Letter CWS Provider Letter Impact Study Impact Study Traffic Impact Statement Traffic Impact Statement Copy of the Pre-Application Conference notes Pre-Application Conference Notes Arborist Report .Urban Forestry Plan Maps or Plans Plans City of Tigard CCOMMUNITY DEVELOPMENT DEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE 1rf Adjustment/Variance (II) 0 Minor Land Partition (II) ❑ Comprehensive Plan Amendment(IV) 0 Planned Development (III) 0/Conditional Use (III) 0 Sensitive Land Review(II or III) - ❑ Development Code Amendment(IV) 0 Site Development Review(II) O Downtown Design Review(II,III) ❑ Subdivision (II or III) ❑ Historic Overlay(II or III) ❑ Zone Change (III) ❑ Home Occupation (II) ❑ Zone Change Annexation (IV) - NOTE: For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) • Conditional Use request to allow a change of use for an existing law office located in the C-P Professional Commercial zone. to a medical center use The proposed development would include an interior remodel to an existing commercial office complex for an inpatient adolescent mental health and substance use disorder treatment facility. PROPERTY INFORMATION (where proposed activity will occur) _ Location (address if available): 6996-7000 SW Varns Street Tax maps and tax lot #s: 2S101 DA/01900&02100 Total site size: Approximately 1.04 acres Zoning classification: C-P Professional Commercial FOR STAPI,USP ONL}' APPLICANT INFORMATION Case No.: Name: Madrona Recovery(John Thornton) Related Case No.(s): Mailing address: 500 Liberty Street SE,Suite 100 Application Fee: — City/state: Salem OR Zip: 97301 Phone number: (503)480-8700 Application accepted: _ Primary contact name: Gretchen Stone-CB Two Architects By: Date: Application determined complete:te: Phone number: (.503)480-8700 Email: gretchen©cbtwoarchitects.com BY Date: 1:\CURPLN\Masters\Land Use Applications Rev.11/25/2014 City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Namektjpla.,n Vial T.T.r Mailing addres%7lcc sw AnnnPG FPrry Rnwri• Snit Zip: Y' City/state: T.aka. [1awagn, (IP 97Q1.5 Phone: Email: When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. — THE APPLICANTS) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). Alp Allr _ot+a Thornton / aturc Print name Date =,t/ stop 10. tZ- IAC. Appli =,Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date ► SIGNATURES of each owner of the subject property req • ie,istisr, j-ieS LLC_ - n 16' Owner's signature Print"linen Date Owner's signature Print name r�� i Date I vLn^+�f.Q." Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-orgov • 503-718-2421 ' Page 2 of 2 0 Fidelity National Title ORFGCf Property Profile Report 6958 SW VARNS ST TIGARD, OR Ownership Information Owner Name: Please see attached vesting deed for current ownership. Mailing Address: 7000 SW VARNS ST TIGARD,OR 97223 Property Description County: Washington Map/Tax Lot: 2S101DA/02100 Account Num: R458908 Owner Occ.: No Land Use: 2200-COMMERCIAL VACANT Census: 0307.00 Map Grid: 655-G5 Subdivision: VARNS ACRES Legal Description: VARNS ACRES,LOT PT 3,ACRES.06 Property Characteristics Property Type: COMMERCIAL Building SF: Pool: No House Style: Living Area SF: Deck SF: Year Built: Square Feet: 0 Deck Desc: Bedrooms: 1st Floor SF: Patio SF: Bathrooms: 2nd Floor SF: Patio Desc: Heat: 3rd Floor SF: Foundation: Cooling: Attic SF: Exterior: Lot Size: 2,614 Bsmnt SF: Ext.Finish: Acres: 0.06 Fin Bsmt SF: Interior: Garage Type: Garage SF: Roof Style: Fireplaces: Bsmnt Type: Roof Cover: Assessment Information Real Market Value: $52,350 Land Value: $52,350 Imp.Value: $0 Total Assessed Value: $35,030 Levy Code: 02374 M-5 Rate: .0167 Taxes: $582.50 Tax Year: 15-16 Previous Sale Information Sale Amount: $950,000 Sale Date: 12/16/2010 Document Num: 2010101783 Transaction History HPI Document Reception Sale Date Sale Amount Sale Amount Type Num Book/Page 12/16/2010 $950,000 Dbs 2010101783 12/10/2010 $950,000 9/22/2006 $1,450,000 Dw 2006113051 9/20/2006 $1,450,000 3/14/2001 $950,000 Dw 2001020674 All information provided by ValueCheck,Inc is deemed reliable,but not guaranteed. Accuracy of the information may vary by county. Copyright©2016 ValueCheck,Inc. lom fra lon tim _ 6958 SW VARNS ST TIGARD, OR i11° ' — ;'` -.--\ ....e.,:,..„, _ , ''',1,:: '.. '-„-- -S.:-.:-'!'.'t.:; -:',:,..-\. 'N , .-„.. ,,,,..- • "' fi.� Q` ._ - 'fin, v 4.1 It Y . 4 Ll �� A 1 -_ i Fra) ; a 4. R} R�y� }x.11'6' Rei `b :8"�rcbof �vrya I- .- These images are provided by Microsoft Virtual Earth. ValueCheck is supplying the data to assist the user in understanding the subject property and its surroundings, any assumptions made from the images are the sole responsibility of the user and ValueCheck assumes no liability. • rt gi 1 V300,"\\\ ,L. • • *4 SI * i'0-3, _ ......________I 1- 11 ' 00 ••' .� .98 AC .• V •'• -s' co ..I;. Lg \A .a. • • 8 ics iil \ vs- 05 r :I, 81 2 L L .06 A r no g it Ili 98.00 ..0 • 'RN138.00 • •• L . • . .. . L w, ca 0 2101 .59 AC c> 1.02 AC I. .• r L. ' q (inr r- i -- 330,00 N8919' 30"E i N'LY NW CORNER 378,90 N8$47W JAMES H ICKLIN DLC 43 7/1/15 TO 6/30/16 REAL PROPERTY TAX STATEMENT WASHINGTON COUNTY OREGON *155 N FIRST AVE., RM 130*HILLSBORO,OREGON 97124 PROPERTY DESCRIPTION MAP: 2S11DA-02100 ACCOUNT NO: R458908 SITUS: 6958 SW VARNS ST, 2015-2016 CURRENT TAX BY DISTRICT: COLL-PORTLAND 9.85 ESD-NW REGIONAL 5.36 SCHOOL - TIGARD 173.66 TIGARD/TUAL/AFTER LOL 35.03 LEGAL DESCRIPTION CODE AREA: 023.74 EDUCATION TAXES: $223.90 VARNS ACRES, LOT PT 3, ACRES .06 WASHINGTON COUNTY 78.34 REG-METRO SERVICE 3.37 PORT-PORTLAND 2.45 FIRE-TV FIRE & RESCUE 53.14 CITY-TIGARD 87.56 VALUES: LAST YEAR THIS YEAR CLEAN WATER SERVICES 0.00 UR-TIGARD-DOT 2.45 MARKET VALUES: WASHINGTON COUNTY LOL AFTER 20.67 LAND 52,350 52,350 AQUATIC-TIGARD TUALATIN 3.14 STRUCTURE: 0 0 REG-METRO-AFTER 1/1/2013 3.36 TOTAL RMV VALUE: 52,350 52,350 FIRE-TV FIRE & RESCUE-AFTER 1 15.76 TAXABLE VALUES: GENERAL GOVERNMENT TAXES: $270.24 ASSESSED VALUE 34,010 35,030 BOND-METRO SERVICE DIST 0.53 BOND-SD #23-TIGARD 6.35 BOND-TIGARD/TUALATIN-AFTER 45.22 BOND-TV FIRE & RESCUE AFTER 4.65 PROPERTY TAXES: $565.22 $582.50 BOND-CITY OF TIGARD AFTER 14.68 BOND-METRO SERVICE AFTER 6.33 APPEAL DEADLINE December 31,2015 BOND-PCC-AFTER 10.60 Value Questions 503-846-8826 Tax Questions 5034464801 BOND AND MISC TAX: $88.36 Business Personal Property Questions 5034464838 Other Questions 503-846-8741 2015-16 TAX (Before Discount) $582.50 PROPERTY TAX PAYMENT OPTIONS (See back of Statement for payment instructions.) Due Discount Net Amount Due Pay DELINQUENT TAXES: (2014-2014) $633.04 In Full 11/16/15 17.48 $1,198.06 2/3 11/16/15 7.77 $1,013.61 (See back for explanation of taxes marked with an asterisk(*). 1/3 11/16/15 NONE $827.21 Delinquent Tax Total is included in payment options to the left.) MAKE PAYABLE TO:Washington County TOTAL (After Discount) Online- https:/lecomm.co.washington.or.uslpropertytax $1,198.06 Pay By Phone:1(888)510-9274 Many factors can affect the amount of your tax bill, If you ive in a taxing dierid that has new voter approved Bonds or Local Option Levies,your property taxes may increase more than 3% If you made any major renovations or charges to your property prior to the assessment date of January 1,your property taxes may haease more than 3%. For additionalinformafcnpleaserefertothePtessReleaseatwwwco.wad>inatoncr..us/AssessmentTaxafonoryoucancadfiec unty officesat(504846-8741. All Payments Processed Upon Receipt 'Tear Here y Tear Here RETURN THIS PORTION WITH PAYMENT -SEE BACK OF STATEMENT FOR INSTRUCTIONS 2015-2016 Property Tax Payment Stub WASHINGTON COUNTY,OREGON ACCOUNT NO: R458908 0 Mailing address change on back of stub. SITUS: 6958 SW YARNS ST, UNPAID DELINQUENT TAXIS INCLUDED IN PAYMENT OPTIONS FULL PAYMENT(Includes 3%Discount) DUE: 11-16-15 $1,198.06 2/3 PAYMENT(Includes 2%Discount) DUE: 11-16-15 $1,013.61 1/3 PAYMENT(No Discount Offered) DUE: 11-16-15 $827.21 DISCOUNT IS LOST&INTEREST APPLIES AFTER DUE DATE Make Payable to: WASHINGTON COUNTY ENTER AMOUNT PAID Property Tax Payment Center P.O.Box 3587 Due Date:11/16/2015 Portland,OR 97208-3587 34000014589080000119806000010136100600827213 ' Washington County,Oregon 2013-091752 i p L avvy ers Title D-DW Stn=221 REED 10/17/2013 09:06:07 AM 525.00$11.00$5.00$15.00$1,400.00 $1,456.00 I,Richard Hobemicht,Director of Assessment and Taxation and Ex- Commercial Branch Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and File No. 32F0003653 recorded in the book of records of said county. _ Richard Hobemicht,Director of After recording return to and send future tax statements to: Assessment and Taxation,Ex-Officio 6960 Varns Exchange, LLC Attn: Machelle Cherry c/o IPX 1031 Exchange 900 SW 5th Ave Portland, OR 97204 STATUTORY WARRANTY DEED Varns Street Properties LLC, an Oregon limited liability company Grantor, conveys and warrants to 6960 Varns Exchange, LLC, Grantee, the following described real property free of encumbrances except as specifically set forth herein: SEE ATTACHED EXHIBIT "A" Tax Account No. R458908 This property is free of encumbrances, EXCEPT: SEE EXHIBIT "A" WITH EXCEPTIONS The true consideration for this conveyance is $1,400,000.00 which has been paid to a qualified intermediary pursuant to an IRC 1031 exchange. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated . ib day of October, 2013 Varns Strg t Properties LLC BY Tom Johnson ITS Managing Member _ Warranty Deed ORRQ 6/2005 Rev. 12/2007 Page 1 of 5 — STATE OF OREG COUNTY OF The foregoing instrument was acknowledged before me this /es day of October, 2013 by Tom Johnson as the Managing Member of Varns Street Properties LLC on its behalf. Notary blic State of Oregon My c mission expires: Order No. 32F0003653 �., OFFICIAL SEAL MARGARET M NEIKIRK NOTARY PUBUC-OREGON ‘4."-'1" COMMISSION NO.455788 MY COMMISSION EXPIRES MARCH 18,2015 Exhibit "A" with Exceptions Commencing at a 314 inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES, in the City of Tigard, County of Washington and State of Oregon;thence South 89° 11' 10" East, along the Southerly boundary of said Lot 3,a distance of 138.00 feet to a 5/8 inch x 30 inch iron rod and the true point of beginning; thence continuing South 89° 11' 10" East, 192.00 feet to the Southwest corner of Lot 4, YARNS ACRES; thence continuing South 89° 11' 10" East, along the South line of said Lot 4, to the Southwesterly right-of-way line of the Beaverton Tigard Highway (also Oregon State Highway 217); thence North 30° 29' 42" West, along the right-of- way line to the point of intersection of said Southwesterly right-of-way with the East line of said Lot 3; thence continuing North 30° 29' 42" West, along said Southwesterly right-of-way line 225.84 feet to a / inch iron rod at a point of"spiral tangent"; thence Northwesterly along a spiral curve to the left 39° 30' 13" West 39.41 feet to a 5/8 inch iron rod (Long chord bears North 30° 30' 13" West, 39.41 feet); thence leaving said spiral curve, South 1° 21' 10" East, 88.47 feet to a 5/8 inch iron rod; thence North 88° 31' 10" West, 12.00 feet; thence South33° 9'42" West, 62.08 feet;thence South 89° 11' 10" East, 6.00 feet to a railroad spike in a blacktop drive; thence South 2° 14' 20"West, parallel with the Westerly line of said Lot 3, VARNS ACRES, 187.00 feet to the true point of beginning. TOGETHER WITH a perpetual non-exclusive easement for access, as described in document recorded October 27, 1983, as Recorder's Fee No. 83039764, over a 30 foot strip of land,the centerline of which is described as follows: Beginning at a point in the centerline of said easement,which point is South 89° 11' 10" East, 138.00 feet and North 55° 54' 10" West, 60.70 feet from a 314 inch iron rod at the Southwest corner of Lot 3, VARNS ACRES; from said place of beginning thence along the centerline of said easement (15.00 feet on each side of the following courses and distances) North 24° 42' 50" East, 103.00 feet; North 2° 07' 50" East, 47.00 feet; North 35° 44' 50" East, 72.00 feet; North 4° 38' 40" West, 91.00 feet; North 33° 29' 10"West, 264.67 feet to the terminus of said easement; said terminus bears North 2° 14' 20" East, 542.64 feet from said 314 inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES. Subject to: 1. Unpaid Property Taxes are as follows: Fiscal Year : 2013-14 Amount : $14,150.47, Account No. : R458908 Map No. : 2511 DA-02100 2. Limited access to and from the Land as contained in Decree of Condemnation entered in the proceedings as set forth below, which provides that there shall be no right of easement or right of access from the Land to the highway other than as expressly provided for in said Decree: Suit No. : 28-192 _ County : Washington Court : Circuit In favor of : State of Oregon, by and through its State Highway Commission Name of Highway : Highway 217 _ 3. Limited access to and from the Land as set forth in Deed shown below, which provides that there shall be no right of easement or right of access to, from or across the State Highway other than as expressly provided for in said Deed: Grantee : State of Oregon, by and through its State Highway Commission Recording Date : September 15, 1965 Recording No. : B 569; P 115 4. Terms, provisions and conditions, including, but not limited to, maintenance provisions, and a covenant to share the costs of maintenance, contained in Maintenance Agreement Recording Date : December 27, 1977 Recording No. : B 1227; P 992 5. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to : Adjacent property owners Purpose : Ingress and egress Recording Date : December 28, 1977 Recording No. : B 1228; P 295 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to : Adjacent property owners Purpose : Vehicular and pedestrian ingress and egress Recording Date : December 12, 1978 Recording No. : 78054140 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to : Adjoining property owners Purpose : Vehicular and pedestrian ingress and egress Recording Date : October 27, 1983 Recording No. : 83039764 8. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted In a document: Granted to : State of Oregon, by and through its Department of Transportation Purpose : Subsurface retaining wall supports and utilities Recording Date : March 31, 1999 Recording No. : 99-038870 9. A deed of trust to secure an indebtedness in the amount shown below, Amount : $772,500.00 Dated : December 16, 2010 Trustor/Grantor : Varns Street Properties, LLC Trustee : UPF Incorporated, a Washington corporation Beneficiary : The Commerce Bank of Oregon Loan No. : Not disclosed Recording Date : December 16, 2010 Recording No. : 2010-101784 A substitution of trustee under said deed of trust which names, as the substituted trustee, the following Trustee : Fidelity National Title Company of Oregon Recording Date : December 13, 2012 Recording No. : 2012-105938 10. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount : $772,500.00 Assigned To : The Commerce Bank of Oregon Assigned By : Yarns Street Properties, LLC Recording Date : December 16, 2010 Recording No. : 2010-101785 11. Existing leases and tenancies, if any, and any interests that may appear upon examination of such leases. 12. Personal property taxes, if any. CB ARCHITECTS November 21, 2016 City of Tigard Community Development, Community Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Conditional Use Request and Type II Administrative Variance Madrona Recovery Center 6996-7000 SW Varns Street CB Two Architects with John Thornton, Madrona Recovery Center, respectfully requests approval of a Conditional Use that would provide for a change of use to an existing commercial office complex, from commercial office to a medical center. This would allow John Thornton and his team to establish Madrona Recovery Center an inpatient adolescent mental health and substance use disorder treatment facility at 6996-7000 SW Varns Street. In addition to the Conditional Use a Type II Administrative Variance for a reduction in the minimum setback for medical centers is also being sought. REQUEST SUMMARY Located off SW Varns Street adjacent to 217 within a Professional Commercial (C-P)zoning district, the proposed change of use from professional office to medical center is permitted as a conditional use. The existing development is the ideal property for the proposal for a variety of reasons: its location, tucked away in a quite commercial area; existing structures are well suited for adaptive reuse for the proposed facility; existing parking meets the needs for the proposed user group; and the existing mature landscape allows for outdoor activity in secured areas. The existing structures, once remodeled will afford for the various programming needs and spaces the treatment facility requires to provide care and support to their adolescent patients. For the most part changes will occur within the buildings; however, new windows are planned to replace sliding glass doors as required for programming and licensing requirements as well as cosmetic updates. The proposed facility will be a secure treatment center that operates 24/7. Portions of the large landscaped open spaces will be fenced to provide secure outdoor use areas that permit outdoor activities in safe and private spaces. PROJECT DESCRIPTION As noted earlier,the proposed Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility. This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care. The program goal is to provide short-term, high-quality, trauma-informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13-17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 2 of 5 The facility will be staffed by therapists, milieu counselors (mental health techs), nursing team and psychiatrist who specialize in working with adolescents and their families. With an overall staff of 32-35 people providing 24/7 care, the average number of staff per shift is about 10. The existing buildings will be remodeled to answer the programming needs of the facility. Accommodations within the building will include lobby, offices, kitchen, dining, patient rooms, restrooms, fitness, activity, and ancillary spaces. A fenced outdoor area will be established to allow supervised outdoor activities for the patients. The facility will be secure and be able to provide treatment for up to 23 persons. DEVELOPMENT DETAILS As previously stated, the proposed property is currently developed with structures that allow for adaptive reuse. Medical Centers are permitted conditionally in the C-P zoning districts. The following information is provided help illustrate how the proposal meets the intent of the development standards found in the City of Tigard's Community Development Code. DEVELOPMENT STANDARDS FOR C-P: PROFESSIONAL/ADMINISTRATIVE COMMERCIAL DISTRICTS: MINIMUM DEVELOPMENT STANDARDS PROPOSED PROJECT LOT SIZE: Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each Project site approximately 42,530 square feet, bed over 15 beds. The proposed exceeding the minimum required. development plans for 23 beds, requiring a minimum lot size for 27,000 square feet. LOT WIDTH:Minimum lot width 50 feet. Property is irregularly shaped; however, the average width of the property is 132 feet. SETBACKS: The site is irregular is shape, the existing Front— no minimum in C-P, Medical Center is buildings provide varied setbacks. The 25 feet existing southern-most structure has a side or Side & Rear—no minimum side yard in C-P rear yard setback of 15 feet for its western zone unless adjacent to residential zoning façade. This structure also maintains a larger district, Medical Center is 25 feet. setbacks for other facades. The existing Each setback shall be increased five feet for northern structure provides a minimum of 25 every 10 feet of building height over 45 feet. feet and larger depending on façade and where the building sits in relation to property lines. Please see Existing Conditions Plan for more detail on building setbacks. BUILDING HEIGHT: Maximum building Height Existing structures are approximately 25 feet 45 feet. in height. SITE COVERAGE: Maximum site coverage Current site coverage is approximately 75%. 85%. Includes buildings and impervious There are no changes to the site coverage of surfaces. this lot with the proposal, no change is anticipated. LANDSCAPE: Minimum landscape Existing landscape area is 25% no change is requirement is 15%. anticipated with the proposal. Minimum requirement is exceeded. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 3 of 5 ACCESS: Development is accessed via a private road which is accessed from SW Varns Street. LANDSCAPING: The existing development has a mature landscape which is composed of a mix of trees, shrubs, and low growing plant material. An arborist has prepared an Urban Forestry Plan which provides detailed information about the species, location and condition of existing trees. While there is no specified buffer for our zone, the existing development does include a landscaped perimeter for the entire site, including parking. An 8 foot high fence is proposed in some areas adjacent to buildings to provide private outdoor activity areas for patients. One of the fenced yards will include a portion of the small lot adjacent to the east of the southern building. No structures are proposed for this small lot; however, a basketball hoop is planned for the existing paved area. RECYCLING: Recycling containers will be housed adjacent to solid waste refuse bins in the existing dumpster location. Please see Site Plan for exact location. PARKING: Minimum 2 spaces per 1,000 sf X 12,755 = 26 Maximum 2.7 spaces per 1,000 sf X 12,755 = 34 Total number of provided parking spaces that will be provided is 30, via a 22 space parking lot and 8 spaces accessed directly from the private road. Handicapped parking spaces will be provided as required. Please see Site Plan for location of handicapped parking spaces. Bicycle parking is provided as needed adjacent to northern building and can be accessed from the parking lot or pedestrian path that connects to both the private road and parking lot. Please see Site Plan for proposed location. TYPE II ADMINISTRATIVE VARIANCE In addition to the Conditional Use, we are also seeking a Type II Administrative Variance to the minimum building setback standards found in the City of Tigard's Title 18 Community Development Code Chapters 18.330 Conditional Uses and 18.520 Commercial Zoning Districts. The existing structures meet the development standards found in chapter 18.520 save the building setback for the southern-most building which currently is non-conforming along the western property line. However there are additional standards for medical centers found in chapter 18.330, our proposal meets all of the additional standards with the exception of the minimum setback, which increases based on the medical center use, from 15' to 25' for all property lines. This variance is necessary as Madrona Recovery Center is being developed within the confines of an existing and fully developed property; the existing buildings have been vacant for more than two and a half years. The location of the site and the existing structures are ideally suited to the development proposal and the setback is only required for medical centers located in C-P zoning districts. The adaptive re-use of existing building stock within the City of Tigard is encouraged and the proposal will have no negative affects to the neighboring properties or others in the area. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 4 of 5 A variance may be granted if the below criteria is met or satisfied. The development team, believe the information provided with each criteria supports the variance request. a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; Approval of this request will not be materially detrimental to the purposes of Title 18, Section 18.370.010. Nor will there be any negative impacts to any applicable policies or standards; or other properties in the same zoning district or vicinity. The buildings are existing,the current building setback is an existing condition, and meets or exceeds the standards for a commercial office in the C-P zone with the exception of the setbacks to the western property line. Because of the nature of services that will be provided by the proposed facility the use classification changes from commercial office to medical center, which is allowed as a Conditional Use in the C-P zone. The granting of the variance will not change the existing physical conditions and the new use is still commercial in nature and will have no adverse effects to neighboring properties or other properties in the zoning district. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; As indicated the proposal is to utilize an existing commercial development for a medical center that will provide 24/7 treatment to adolescence suffering from mental health and substance abuse disorders. The property is irregularly shaped and does not feasibly allow for demolition and reconstruction in order to meet this one standard. Based on the how the buildings are oriented the rear yard is adjacent to the western property line, building setbacks for both structures to the rear property line varies: the northern structure is setback from 24' 5" up to 25' 2"; the southern building which is newer, has a minimum building setback of 13' 8" up to 14' 9". All other setbacks exceed the 25' minimum. As indicated the only setback that is not met for the existing structures is for the rear yard. To increase buffering, an 8 foot fence is proposed along this property line. c. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; Medical centers are allowed conditionally in the C-P zoning district. The existing buildings meet all of the standards found in the Community Development Code for professional offices and medical centers with the exception of the rear yard setback, all additional standards found in the Conditional Use chapter solely for medical centers are met. Typically, these types of developments would be proposed on vacant property where there is greater ability to comply; however, given this property is developed, compliance is not an option. No additional concessions are being sought and all other standards are met or exceeded. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 5 of 5 d. Existing physical and natural systems such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; This is an existing development, there will be no additions or changes to the existing structures or other improvements that will cause any adverse effects to the property, surrounding area, or community. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. As stated earlier, the existing developed site is ideally suited to the proposed adaptive reuse. This developer/operator has not been able to find a better site for his proposal in the Tigard area. The request is minimal and will not change existing conditions. Approving the request will not be detrimental to the property, the surrounding properties or the community. If allowed, the proposed facility will be a benefit to Tigard and the surrounding area, and provide services to a population that is severely underserved. We appreciate your consideration of our request. CONCLUSION: We believe that the existing office complex is perfectly suited for Madrona Recovery Center's adaptive reuse proposal. Using existing building stock to provide this type of redevelopment meets the goals of the Tigard Comprehensive Plan. As do the employment opportunities that will be provided with temporary construction jobs during the remodel and long term professional positions for patient care and ancillary service needs. The existing commercial office complex has been vacant for more than two years, its location while ideal for our proposed use is less than desirable for businesses that rely on highly visible locations. The C-P zone is commercial and the proposed development, while medical in nature and services, is commercial therefore appropriate for this zoning district. The existing development is adequately served by public and private services. No negative impacts to surrounding developments or the community are anticipated with this proposal. It is our opinion that this written narrative and the accompanying documents and plans provide City Staff the needed information to allow them to recommend approval of the requested Conditional Use. The Madrona Recovery Center's development team looks forward to working with the City of Tigard on this project. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com — City of Tigard COMMUNITY DEVELOPMENT DEPARTMENT Weer Notification er Request for 500' Property i .f A 4,11 Y Property owner information is valid for three (3)months FOR STA' IISI? ON1_1' from the date of your request. Contact staff member Joe Date Request Processed: Patton: 503-718-2714 or joep@nod-ox.gov. _,,,,,r„►,rFFTiNG I — 11/01 Project name: Thornton Recovernte y Cers,LLC NEI__ Gary Pagenstecher #of sheets cost each AMIA sets Staff planner you are working with: Property owner — within 500feet Bz Name of contact person: Gretchen „ 2 00 1 $8.00 interested parties: 4 , Stone $11.00 Generate list:Name of company: CB Two Architects TOTAL: 11.00 00 Phone: (503)480-8700 ,,.t,��srr.�i.nPT�S Email: gretchen@cbt�woarchitects.com Lw sets Please indicate all map and tax lot numbers that are included #of envelopes' cost each mins in your project(i.e. 1S134AB001�0�one(1)e a axesses for all prop”lot or if the within ��r& $0.13 project parcels below.If more :nteMi t& parcel has no address,you must separately identify each $11.00 tax lot associated with the project. Generate list - — SUBTOTAL: $ 6996-7000 SW Vams Street $0 � — Postage: 2S101DA001900 TOTAL: $ QUEST nly check onel: — a One(1)set of labels for notification of neighborhood meeting• •review your application for completeness and After submitting your land use application to the city,the project planner s of at. G— ener - -review letter.Please indicate what the completeness letter indicates you need: you will be notified by mean P Land use case number: ❑ Type II TWO sets of envelopes II or T e W one set of envelopes (a second set may be required if the decision is appealed) Thepersona the Type I yP contact listed above will be notified of the amount to pay at the front counter in the Permit Center one request is processed.A printed list of all property owners within 500 feet and interested parties will be provided at time of payment.Upon request,a PDF copy is available via email. . -City-offTigard o ... • Oregon 97223 •. �vxigaxd ox.gov • 503-718-2421 • Page 1 of 1 13125 SW Hall Blvd. Tigard, Rev.20150514 I:\CURPLN\Masters\500'Property Owner Notification Requestdocx i I t r Area Notified (500 Ft) I 111 G�r. N Thornton Recovery �e� Y Centers, LLC w a W �� Lo a �' 2S101 DA01900 d oo • T rN tb M k P Lake-, ■■■ �,, Oslwego !/ARMS 5T , . ;• . 1� IRNSST , Subject Site la 0, i Notification Area it I 1 > a Q rtsi I Oswego ..,-;II \\\4 Property owner information is valid for 3 I1RRY_DR „,, ,, months from the date printed on this map. 141 SA M D B U RG il Map printed at 10:29 AM on 03-Aug-16 > A Qerr W .1 F�IcmrHon en MIS`"Ii DevNaPR,S 16 Men DNI.A h'id ne vermes.Am z III DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD ” �' MAKES NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE CONTENT. MPLETENESS OF ANY OF ra THE D A PROVIDED HE EIN.TIES CITY OFS OR OTIGARD SHALL ASSUME NO 441111111, LIABILITY FOR ANY ERRORS,OMISSIONS,OR*ACCURACIES M THE _JI T"'�„ INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. { Lake- , \ l Os ego COMMUNITY DEVELOPMEN1CiryDEPARTMENT \\\ l� ' Ar� 13125 SW Nalllvd �I Feet 't 1 \ • , m, 4 TIG"'RDMAps Tigard,OR 97223 ." 503 639-4171 F E'4 t) 334 R ' WWW.tf9ard or.9Dv w N: kompown ALBERTSON,BARRY 2S101DA02101 15445 SW 150TH AVE AUTONOME ASR LLC TIGARD,OR 97224 5285 MEADOWS ROAD#320 LAKE OSWEGO,OR 97035 BEACH,DAYLE D.&EVELYN O. 2S101DC03703 11530 SW 72ND AVENUE BECK FAMILY PROPERIm5 LLC TIGARD,OR 97223 16700 S GERBER RD OREGON CITY,OR 97045 - BEILKE,SUSAN BETE STEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 BONILLA,NACIA/STASNY,JAMIE 2S101DA00105 METROPOLITAN LAND GROUP,LLC BRE/HV PROPER IIES LLC 17933 NW EVERGREEN PARKWAY,SUITE 300 TAX DEPARTMENT—EXTENDED STAY HOTELS BEAVERTON,OR 97006 OP BOX 49550 CHARLO I'r±,NC 28277 BRENNEMAN,HEIDI 2S101DC04300 11680 SW TIGARD DRIVE BROWN CASTILLO FAMILY LLC TIGARD,OR 97223 5750 SW ALFRED PORTLAND,OR 97219 BUEHNER,GRETCHEN CAFFALL,REX PO BOX 230268 13205 SW VILLAGE GLENN TIGARD,OR 97281 TIGARD,OR 97223 - CAROL RENAUD 2S101DA01100 WACO CPO NEWSLEITER COORD. CHINOOK INVESTMENT COMPANY OSU EXT.SVC-CITIZEN INVOLVEMENT FACULTY PO BOX 5309 155 NORTH 1ST AVENUE SUITE 200 MS48 BEND,OR 97708 HIT.TSBORO,OR 97124 CITY OF TIGARD CONNERY,STACY ATTN:gary pagenstecher 12564 SW MAIN STREET 13125 SW HALL BLVD. TIGARD,OR 97223 TIGARD,OR 97223 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT ▪ TIGARD,OR 97223-6210 TIGARD,OR 97224 2S101DA01500 ENGVALL,ANN DHS LLC 15461 SW 82 PL 15 OAKWOOD AVE TIGARD,OR 97224 NORWALK,CT 06850 ERDT,DON&DOROTHY FROUDE,BEVERLY 13760 SW 121ST AVENUE 12200 SW BULL MOUNTAIN ROAD TIGARD,OR 97223 TIGARD,OR 97224 2S101DA01700 2S101DA00103 FUTURE TECHNOLOGY DEVICES GK TRIANGTF CORPORA 1'E PARK III L IN 1'ERNATIONAL LTD ATTN KBS REALTY ADVISORS 7130 SW FIR LOOP P 0 BOX 28270 TIGARD,OR 97223 SANTA ANA,CA 92709 GOODHOUSE,JOHN HAMILTON,LISA CPO 4B VICE CHAIR 9345 SW MOUNTAIN VIEW LANE 13565 SW BEEF BEND ROAD TIGARD,OR 97224 TIGARD,OR 97224 HARDING,TODD&HERING JR,BLAKE. HOGAN,KEVIN NORRIS BEGGS&SIMPSON 14357 SW 133RD AVENUE 121 SW MORRISON,SUITE 200 TIGARD,OR 97224 PORTLAND,OR 97204 HOWLAND,HAROLD AND RUTH 2S101DA01400 13145 SW BENISH HUG,BILE IE JANE ITE EVANS TIGARD,OR 97223 1152 TROON LAKE OSWEGO,OR 97034 KEERINS,PATRICIA KIMMEL,DAVID 15677 SW OREGON ST.APT 209 1335 SW 66TH SUI 1'E 201 TIGARD,OR 97140 PORTLAND,OR 97225 KNAPP,MONA 2S101DB01100 9600 SW FREWING STREET LANFARM LLC TIGARD,OR 97223 7060 SW BEVELAND RD TIGARD,OR 97223 LISA HAMILTON CHAIR CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M - 16200 SW PACIFIC HWY SUI 1'E H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 MILDREN,GENE MURDOCK,NATHAN AND ANN MILDREN DESIGN GROUP 7415 SW SPRUCE STREET 7650 SW BEVELAND ST,SIE 120 TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN.GRI 2S101DA01900 MEADOWS INC REALTORS NELSON VIAL LLC 12655 SW NORTH DAKOTA STREET 7155 SW VARVES ST#120 TIGARD,OR 97223 TIGARD,OR 97223 NEWTH,PATTY 2S101DA01600 ▪ 12180 SW MERESTONE COURT PACIFIC PLAZA FIR LOOP LLC TIGARD,OR 97223 7140 SW FIR LOOP#220 PORTLAND,OR 97223 2S101DA01000 RORMAN,SUE PARAGON INVESTMENTS LLC 11250 SW 82ND AVE 7100 SW FIR LP TIGARD,OR 97223 TIGARD,OR 97223 RUEDY,ROBERT 2S101DB01000 14185 SW 100TH AVENUE SHROYER FARMS INC TIGARD,OR 97224 PO BOX 789 PHILOMATH,OR 97370 SPRING,BRAD STALZER,CHARLIE AND LARIE — 7555 SW SPRUCE STREET 14781 SW JULIET TERRACF TIGARD,OR 97223 TIGARD,OR 97224 multiple:2S101DD00200 to 2S101DD01100 SUNDBERG,ROSS SUMMIT PROPERTIES INC 16382 SW 104TH AVE — 4380 SW MACADAM BLVD S Th 330 TIGARD,OR 97224 PORTLAND,OR 97239 2S101DA00800 2S101DC04201 SWENDSEN,A&C FAMILY REV LIVING T/W ASSOCIATES,LLC VARNS STREET PLAZA LLC 7190 SW FIR LOOP — PO BOX 2688 TIGARD,OR 97223 LA PINE,OR 97739 ▪ 2S101DD00100 THOMPSON,GLENNA 'ID PROPERTIES LLC 13676 SW HALL BLVD UNIT 2 184 MILAN ST TIGARD,OR 97223 LEWISVIT.T.F,TX 75067 2S101DA02300 2S101DA00104 ▪ TRIANGLE POINTE LLC TRIANGLE POINTE TWO LLC 901 NE GLISAN ST,#100 901 NE GLISAN ST,S 1'r,100 PORTLAND,OR 97232 PORTLAND,OR 97232 2S101DC03700 2S101DB00901 UNITED FOOD&COMMERICAL WORKERS VARNS CORNER LLC ▪ UNION LOCAL#555 7155 SW VARNS ST#120 PO BOX 23555 TIGARD,OR 97223 TIGARD,OR 97281 ▪ 2S101DA02100 WEGENER,BRIAN YARNS STREET PROPERTIES LLC 9830 SW KIMBERLY DRIVE 7000 SW VARNS ST TIGARD,OR 97224 ▪ TIGARD,OR 97223 2S101DA02000 multiple:2S101DA00900 to 2S101DD00101 WEST COAST LUMBER INSPECTION BUR WESTON INVESTMENT CO LLC 6980 SW VARNS ST 2154 NE BROADWAY,S 1'h 200 PORTLAND,OR 97223 PORTLAND,OR 97232 ��G��Q AIM-LING/POSTING N Trrt, OOD MEETING --- THE AFPC;,q IS NOTICE NEIGHBORHOOD •. 1.7 O EIGHB ARE ING Gg, REQUIRED TO MAILS THE CITY ' tU NOTiGI ,TsA:CE ADT PERTAINS TO THIS AFFIDAVIT ATDAM A .. COPYo>+ T SAME TIME 1'RUPETiTy Cit'of Tigard Planning Division 13125 SW Hall Boulevard I1V ADDITION,THE APPLICANT SHALL Tiger'OR 97223-8189 APPLICATION. SU$MIT THIS AFFIDAVIT&COPIES OF ALL NOTICE AT THE TIME LING; of ��n -r +�aased to /t+m to each of r�g duly sworn depose epose and say that on the ��,, at is attach S. 'mss on the e F eked lis -----__o disc ed hereto and made a - �a /<<, a notice of a meeting to discuss s P�of hereof. '• .rs t -i� Pr Deed develo a copy of which no ' P+nwt d I further rtes so mailed stats that said notices were enclosed " , y� Ofere located at m pes p• y `d' said o persons and use posited on the date indicated above in the United States Post with postage prepaid thereon. r, _ (—.- C /d`� POSTING: Signature (In the preseulof a No .,.-- taty Public) 1, -. ►r` ' d t ..•� for a � _ .�. do afiium that I air(represent)present)the patty initiating IF'o"'address(s)and interest in a proposed r tax logs)currently=registered) ,`t;lf€ect the laud located a (state the up approximate day o f y, 2-4 _ 20 aPPtoximate post notice TZ �' Mg to discuss the ,., .ct, .., _ � that the site may 'and dui on ding--t..,,, proposal, land use application,ad the time,date and place of aneighborhproposed i 01 ~ 'The s -1 ud as 7114- a (State the lo&tiot,you posted notice ort Pr'DPY) 4011' ' Ar,de r SignatureSignature (In thepr,presence of a N - ('THIS SCTIOT FOR A STATE OF OREry I'�uitlic) GUN,NUTNOTARYPUBLIC TO COMPLETE/NOTARIZE) STATE OF County of 1,Q1 `, ) Bs. Subscribed and swomlafftemed before me on the e day of . - .,: s1 � . O `; Olrltt, AL,sump ��` NOTARY PUBLIC . J�. �''�` " COMMISSION OREGON N LIC OF O ea N '' N NO. . MY COMMISSION EXPIRES JANUARY My Commission Expires: i\( R1'1.N\lt9asters\Pre.APpikaUim CunfrrenceParket\Affidurri of Mailing-PactingNaBbborhoodMecting.docr Updated 3/ 25/2t113 eictriv August 12, 2016 Re: Madrona Recovery Center CB Two Architects is working with Thornton Recover Centers, LLC, on a land use proposal for property located at 6996-7000 SW Varns Street, Tax Map/Lot # 2S101 DA-01900 in Tigard, Oregon. An application for Conditional Use to allow Madrona Recovery Center, an adolescent mental health and/or substance use disorder treatment facility at the above noted address. Prior to submitting the application package we would like to meet with interested neighbors to discuss the proposal in greater detail and answer any questions that pertain to the impending conditional use application. You are invited to attend a neighborhood meeting: Thursday, September 15, 2016 at 7:00PM Tualatin Fire and Rescue Fire Station 51 Community Room 8935 SW Burnham Street Tigard, Oregon 97223 Please note this will be an informational meeting for Thornton Recovery Centers, LLC's proposal. Final details and plans are subject to change prior to submission to the City of Tigard. A vicinity map of the project site is located on the back for your reference. We look forward to meeting and sharing our plans. Should you have questions regarding the operations of the proposed development, please contact John Thornton (503) 718-2429; if your questions are development related, please contact Albert Castaneda at (503) 407-5781. O A. ` � '1"4.6. tir . ,7-r� N m L I'},,*2,-'' is k y., fr« ''ate , i yy 1• ' f,•t / ,..4.':-.:''. y ,M �, ,� �. �• a tip _ ■�. e- ' "Ri��'� -....k.-_ , W '1..6 r abs t 1 �.� ♦ $ 7 + f Af r- a 'iii ,,-„, x 1I +: A i p ..'-', ... f!, ,e,,:,,•' ,,,,,,t; „. ,,,, .. ; L .0 f: L �' O C Y , rv4 1� ' 5 ,i 1. vb t" 40,40,7 .. p ...10,:r ,9 v d A ,,,,fit Nz� c"' ,� !% S 'Ave �, W►72nve. r� �P, d p., ::'1,, ,i .- ,.,.. ---1, elx- + 3 4, d ' r! d �' i' ��, _ �'' J Iai ).'rlVia V Smrir 14 . • • • 'mallf- dt& August 15, 2016 RE: Madrona Recovery Center I would like to apologize for the misinformation in the last letter. Should you have any questions regarding the operations of the proposed development, please contact John Thornton (503)734-7363. You are invited to attend a neighborhood meeting: Thursday, September 15, 2016 at 7:00PM Tualatin Fire and Rescue Fire Station 51 Community Room 8935 SW Burnham Street Tigard, Oregon 97223 We look forward to meeting and sharing our plans. Should you have questions regarding the operations of the proposed development, please contact John Thornton (503) 734-7363; if your questions are development related, please contact Albert Castaneda at (503) 407-5781. Madrona Recovery Center Neighborhood Meeting Guest Sign in: wC WEST COAST LUMBER INSPECTION BUREAU LB ® ' DONALD A. DEVISSER, P.E. EXECUTIVE VICE PRESIDENT MAILING: P.O.BOX 23145 OFFICE: PORTLAND,OR 97281-3145 6980 SW VARNS ST. FAX: (503)684-8928 TIGARD,OR 97223 CELL: (503)560-3579 Phone: (503)639-0651 EMAIL:ddevisser@wclib.org wwwwclib.org Neighborhood Meeting for Madrona Recovery Center Date: September 15, 2015 Location: Tualatin Fire and Rescue Station 51 Community Room 8935 SW Burnham Street Tigard, OR 97223 Attendees: Donald A. Devisser, West Coast Lumber Inspection Bureau— Neighbor John Thornton, Madrona Recovery Center—Applicant/ Development Team Micah , Madrona Recovery Center— Development Team Matthew Stoffregen, CB Two Architects—Development Team Gretchen Stone, CB Two Architects— Development Team Minutes: Gretchen Stone read Statement of Purpose. John Thornton described the proposal, programming and who the center will serve. Q: Will there be substantial remodel work? Looks like lots of work to create 22-23 bedrooms. _ 0: What is the number of staff?Will there be adequate parking? A: 30-32 Total staff, but only 10-12 at a time plus limited family visits. 0: Do you have other Facilities?Are you planning on growing? A: This is the only facility. Lots of other communities need assistance but no plans right now. Q: Age group again? A: 13 to 17 years of age. Q: Will there be any fencing: _ A: Yes, 8'-10' in certain areas. Patients will be accompanied by staff while outside. 0: Timeframe? A: Would like to be up and running Spring of next year. 0: What about taking down the big leaf maple? Plus, there are some other trees (doug fir) have had problems and caused damage to neighboring building. A: Will see what the arborist recommends. Comment—Suggested adding lighting for security. Mentioned shed, thinks it belongs to neighbor. Q: Will there be medication, is it controlled? Is there a nurse on site? A: Yes and yes. 0: Was the pre-school contacted. A: Yes, John made a personal visit and described his proposal. Comment— Mentioned potential utility easement at the north and potential fencing conflict. Mr. Devisser indicated he is supportive of the proposal. Development team shared a conceptual site plan and explained that they intend to submit an application for a Conditional Use. I I I I I I I I I I ! I J 1 J x r e^^ -.,__ uy, rii4i CC I .,y' ''. 'f -- '' ''''' ''' ' '' - -,,,f"''' - ,,,,44, 0 , ,,,,,,,:.,,..,,,, ,,.,; ., ,,," w,., ,:-..:• • ,/..,:„:„ ::.r.,,,-.., . . .. • NN .„. „,,...,..„,,,,, ,,..,,. ..-"T'' . ' J '`!'8y en 1 1�► ..k' v,A' ".• r r 3� • �. —F '2 t i ' BUILDINGn s�s�: I fi° .. . r �/ ds»e. r . - e'e Legend EXISTING BUILDING 'I 7000 SW VARNS STREET 9 ! "'•'"^'• . a!ll�� Oa m F. re............. can Y e . ti .J T ssw- a,s l „ ''''','-im' ,,N' EL. wr e,'/”. n_ 1, � f � „k,e; M, y ,'a"", A ;;' ��T ✓"9' .+tt ..• yN k �' `�• . yr+. • ty th yr �"' �m a✓` .;'� ,; .�� ramo� eo«K� OSITE PLAN �� ARCHITECTS SCALE r-20.0 9/28/2016 12:09 FAX 5034808701 CBI2 0001/001 , Clean Water Services File Number I 16' 00363/ 11 SEI' `28 /G 16 II i I1 C1eanWater Services Sensitive Area Pre-Screening Site Assessment 1 Wttrisdiption: Tigard 2. Property information(example 1S234AB01400) 3. Owner Information Tax lot ID(s): 2S101 DA 101900&02100 Name: Nelson Vial.LLC Company: Address: 17355 SW Soones Ferry Road,Suite A DE Site Address: 6996-7000 SW Varns Street city,State,zip: Lake Oswego.OR 97035 City.State.Zip: Tig8P,OR Phone/Fax: Nearest Cross Street 72nd E.Mall: 4. Development Activity(check all that apply) S. Applicant Information ❑ Addition to Single Family Residence(rooms,deck,garage) Name: Gretchen Stone-CB Two for John Thornton — ❑ Lot Line Adjustment a Minor Land Partition Company: Madrona Recovery ❑ Residential Condominium ❑ Commercial Condominium Address:500 Liberty Street SE,Suite 100 ❑ Residential Subdivision ❑ Commercial Subdivision VISingle Lot Commercial laMulti Lot Commercial atm state,Zip:Salem,OR 97301 Other Interior remodel Phone/Fax: P(503)480-87001 f(503)480-8701 E-Mail:gretchen@c btwoerchitects.com 6. Will the project Involve any o8.alta work? ❑Yes El No ❑Unknown Location and description of off-site work 7. Additional comments or information that may be needed to understand your project CB Two Architects is working with John Thornton of Madrona Recovery on the interior remodel of a commercial building for a medical use. This application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits, DEQ 1200-C Permit or other permits as issued by the Department at Environmenial Quality.Department of Slate Lands and/or Department of the Army CDE. All required permits and approvals must be obtained and completed under applicable local,dela,and federal law. By signing this form.the Owner or Ornne's authorized agent or representative,adarowiedges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I em familiar with the Information contained In this document,and to the best of my knowledge and belief,this information Is true complete,and acctaate Prim Print/type Title Project Coordinator Slgnatu `�� Date 09-28-16 FOR DISTRIC USE 0 Y Q Sensitive areas potentially , sr:or within 200'of the site.THE APPLICANT MUST PERFORM A SiTE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. if Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. ❑ Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Prescreening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive semi(they are subsequently discovered.This document will serve as your Service Provider ideas required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicabe local,State,and federal law. Based on review piths submitted materials and best available information he above referenced project will not significantly impact the existing or potentially sensitive area(s)(read near the ste.This Sensitive Area Pie-Waning Site Assessment does NOT eliminate the need to evaluate and protect additional ester quality sensitive areas It they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.021. All required permits and approvals must be obtained and completed under applicable local,state and federal law ❑ This Service Provider Letter is not valid unless CWS approved site plan(s)are attached. ❑ The proposed activity does not meet the definition of development or the lot was planed after 9/9/95 ORS 92.040(2). NO SITE ASSESSN&NT OR SERVICE PROVIDER LEI I ER IS REQUIRED. Reviewed by Date /' ?'/6 • Once complete,.email to:SPI.Review@cleanwaterservices,org • Fax:(603)681.4439 OR mall to: SPL Review,Clean Water Services,2550 SW Hillsboro Highway, Hillsboro, Oregon 97123 • Revised mom Madrona Recovery Center Impact Study 6996 & 7000 SW Varns Street Tigard, Oregon 97223 This document will address the impact that this project will have on the public and private infrastructure within the City of Tigard, Washington County and Clean Water Services. The project is a conversion of two existing office buildings. The North building is a two story building with a basement. The two above grade floors have a total of 6,899 square feet with the basement being 2,459 square feet. The Southern building is two stories with no basement. The total square footage of the South building is 3,397. The previous use of the building was office space and more specifically they were law offices for a single tenant. The new use will be an inpatient adolescent mental health and substance use disorder treatment center. The nature of the proposed use is much less taxing on public infrastructure in many ways and will be discussed in more detail in the following statement. Transportation System: As offices, the existing buildings could employ approximately 40 workers that mainly work 8 a.m. to 5 p.m. Monday to Friday. The treatment center will have 32-35 employees. There will be approximately 10 employees per shift and the center will be open 24 hours a day. The overload on the street system will be less than the previous use at peak hours. This use should have approximately 20-30 peak trips in the AM and PM hours. Bikeways: New bike racks will be installed on the property to meet the City requirements. The nearest bike lanes and bus lanes are located on SW 72nd Avenue, which is less than 0.5 miles from the site. No patients of the facility will have access to public transportation during their time at the center. Drainage System: The site currently has a public storm sewer conveyance system on the north side of the private access easement that is against the Southern ramp to Highway 217. The site also has a storm water quality and detention area that was built when the second building was constructed about 8 years ago. There will be a small amount of impervious surface added to the site for a single basketball hoop. This small addition can have the storm water treated and managed by the existing facility. Parks: The closest park to the site is Potso Dog Park. It is about a 0.6 mile walk from the site. The nature of this business does not negatively affect the park system. The buildings are secured for safety and all outdoor activity are secured to the site for the patients. Water and Sewer System: The two buildings are currently served by the public water system. This use will, by nature, use more water. The following usage per day is based on the industry averages for the specific fixtures. The use may be more or less than approximated based on the building patient load and time of day. The North building will add three wash sinks, three toilets, one clothes washer and one shower. The South building will add one wash sink and one toilet. Based on industry averages these added fixtures could add between 300 —400 gallons of water per day to the existing use of the site. Traffic Impact Statement 6996 & 7000 Varns Street Tigard, Oregon 97223 The existing buildings total approximately 10,296 square feet of usable office space. One of the buildings has an unfinished basement that was used for storage. Based on ITE manuals, a general office produces 11.7 daily trips per 1,000 gross square feet. In its existing use this would produce 120 trips per day. The proposed use will be a total of 23 beds of inpatient medical rehab. The ITE classifies this as a Nursing Home with a land use code of 620. The average daily trips is 2.7 trips per bed. This would put the average daily traffic at 62 trips per day. All use classifications are based on the ITE manual and are not meant to match the City of Tigard's land use classifications. The closest use was selected from the ITE list of uses. As you can see this is a reduction in traffic over the existing use of the buildings. 971.409.9354 Morgan Nolen 3 Monroe Parkway,Suite P 220 Lake Oswego,Oregon 97035 —g —AJJOCIATEf Consulting Arborists and Urban Forest Management morgan.holen@comcast.net Urban Forestry Plan Supplemental Report October 14, 2016 Madrona Recovery Center 7000 SW Varns Street Tigard, Oregon 971.409.9354 Morgan 1=o IIet 1 3 Monroe Parkway,Suite P 220 Lake Oswego,Oregon 97035 —�—AJJOCIATLfLC�1 Consulting Arborists and Urban Forest Management morgan.holen@comcast.net Table of Contents— Purpose 1 Scope of Work and Limitations 1 General Description 1 Effective Tree Canopy Cover 2 Signature of Approval 2 Enclosures- _ Attachment A: Existing Tree Inventory Data Attachment B:Effective Tree Canopy Cover Summary Attachment C:Tree Preservation and Removal Site Plan Attachment D:Tree Canopy Site Plan Not Applicable- Existing Stand Inventory Data Planted Tree Inventory Planted Stand Inventory Tree Protection Specifications Stand Preservation Specifications Soil Characteristics and Specifications for Improvement Tree Planting Specifications Stand Planting Specifications Tree Canopy Fee Calculation 971.409.9354 MorganHolen 3 Monroe Parkway,Suite P 220 Lake Oswego,Oregon 97035 —&--AJf OCIATFJ'«c Consulting Arborists and Urban Forest Management morgan.holen@comcast.net Urban Forestry Plan - Supplemental Report Madrona Recovery Center, 7000 SW Varns Street, Tigard, Oregon October 14, 2016 MHA16059 Purpose This Urban Forestry Plan for the Madrona Recovery Center remodel project located in a C-P zoning district in Tigard,Oregon, is provided pursuant to the City of Tigard Urban Forestry Manual.The subject property is located at 7000 SW Varns Street in Tigard, Oregon.This report describes the existing trees located on the project site, provides arborist recommendations for tree removal, retention and protection,and describes the effective tree canopy cover needed to meet City requirements.This report is based on observations made by International Society of Arboriculture(ISA) Board Certified Master Arborist(PN-6145B)and Qualified Tree Risk Assessor Morgan Holen during a site visit conducted on September 14,2016,and coordination with CB Two Architects. Scope of Work and Limitations Morgan Holen&Associates was contracted by Thornton Recovery Centers to visually assess existing trees measuring six inches in diameter and larger in terms of general condition and suitability for preservation,and prepare an Urban Forestry Plan to satisfy City of Tigard code requirements.The two existing buildings are proposed to be remodeled, but no construction is planned at the exterior of either building.An existing conditions survey including the location of existing trees and tree survey point numbers was provided to us by CB Two Architects. — Visual Tree Assessment(VTA')was performed on individual trees located across the site and limited visual assessment was performed for off-site trees located directly adjacent to the project site.Trees were evaluated in terms of species,size,general condition,and suitability for preservation. Following the tree inventory fieldwork,we coordinated with CB Two Architects to discuss and finalize the required Urban Forestry Plan drawings. The client may choose to accept or disregard the recommendations contained herein,or seek additional advice. Neither this author nor Morgan Holen&Associates, LLC, have assumed any responsibility for liability associated with the trees on or adjacent to this site. General Description In all,41 existing trees measuring six inches and larger in diameter were inventoried, including 13 different species and 16 trees located off-site immediately adjacent to the subject site. Mature bigleaf maple (Acer macrophyllum)was most common,accounting for 46%of the inventoried trees,and many of these trees have crown dieback and advanced decay.The most remarkable trees on the site include two grand firs(Abies grandis) measuring 46-and 30-inches in diameter each and one 54-inch diameter giant sequoia (Sequoiadendron giganteum);these trees are in excellent condition with no major defects. Although tree removal is not necessary for the proposed remodel, 13 of the 41 inventoried trees are recommended for removal at the property owner's discretion because they received condition and/or preservation ratings less than two, including eight hazardous trees and two off-site trees that would require the adjacent property owner's consent in order to remove them. It is the property owner's 1 Visual Tree Assessment(VTA):The standard process of visual tree inspection whereby the inspector visually assesses the tree from a distance and up close,looking for defect symptoms and evaluating overall condition and vitality. Urban Forest Plan—Supplemental Report Madrona Recovery Center,7000 SW Varns Street,Tigard,OR Page 2 responsibility to determine the threshold level of risk they are willing to accept and implement treatment recommendations. Removal of these trees is not necessary for the purposes of this project, but these trees should not be protected by this Urban Forestry Plan and the property owner reserves MOM the right to remove them at any time once this plan has been approved by the City. A complete description of individual trees located on and adjacent to the project site is included in the enclosed existing tree inventory data (attachment A).Tree protection specifications are not provided since none of the existing trees will be impacted by the proposed remodel;the existing windows will be replaced, but this work will not affect the existing trees and all other work is proposed in the interior of the two existing buildings. In addition, no new trees are required to be planted.Therefore,soil characteristics and specifications for improvement and tree planting specifications are not provided. Effective Tree Canopy Cover Of the 41 inventoried trees, 14 on-site trees with a total of 14,337 square feet of canopy cover received condition and preservation ratings of at least two and are suitable for retention. Existing trees to be preserved are eligible for double canopy cover credit. In the C-P zoning district,the minimum required effective tree canopy is 33%for the overall development site.The overall development site is 45,343 square feet and has 28,674 square feet of effective tree canopy cover,or 63.2%,which exceeds the minimum required effective tree canopy cover needed. A summary of the effective tree canopy cover is included as attachment B. Signature of Approval We hereby attest that,to the best of our knowledge: ✓ The attached Tree Preservation and Removal site plan meets all of the requirements in Section 10, Part 1 of the Urban Forestry Manual; ✓ The attached Tree Canopy site plan meets all of the requirements in Section 10, Part 2 of the Urban Forestry Manual;and ✓ This Supplemental Report meets all of the requirements in Section 10, Part 3 of the Urban Forestry Manual. Thank you for choosing Morgan Nolen &Associates, LLC,to provide consulting arborist services for the Madrona Recovery Center remodel project in Tigard. Please contact us if you have questions or need any additional information. Thank you, Morgan Nolen&Associates, LLC: -widh Morga E. Nolen,Owner ISA Board Certified Master Arborist, PN-6145B • ISA Tree Risk Assessment Qualified Forest Biologist Enclosures: Attachment A:Existing Tree Inventory Data Attachment B: Effective Tree Canopy Cover Summary Attachment C:Tree Preservation and Removal Site Plan Attachment D:Tree Canopy Site Plan I I I I I I I I 1 1 I I I I I I 1 1 Attachment A:Existing Tree Inventory Data Morgan Nolen MHA16059 Madrona Recovery Center-Tree Data 9-14-16.xlsx —a.—AIJO CI ATr.J--c Page 1 of 2 E i�=",�'°tr"r'm x^'�+.w✓b;', 'a'� C" "+�.Mr.,.'��'+�ry.{^ f NS'y; fid* <;�y+.r.'mp r r ,<+Ag,�.�,',''�, ' �' y 1�,iu ii.,14 C. € a r+✓:AM"^�. d '.'f'A"'^ .Y. -'w" a.,. 7r hr t '`, w any 3 „'t 61 +,7 { I 'gyp {x L r� 4�w...K'+<m H]s•E ' Y L:' ?tr' , I rF X� ryG$�� 'i" '� c',„,, IC ^ x r );0- ' ,fir 1,r Sint � � f"N k 1000 Off-site bigleaf maple Acer macrophyllum 22 18 - 0 No N/A N/A protect 1001 1 bigleaf maple Acer macrophyllum 15 20 1,256 S No 2 2 one-sided crown to east retain 1002 Off-site Scouler's willow Solix scouleriana 10 14 - S No 1 1 codominant stems actively failing remove off-site tree 1003 Off-site bigleaf maple Acer macrophyllum 10 16 - S No N/A N/A protect 1004 1 plum Prunus spp. 8 12 452 S No 2 2 poor crown structure retain 1005 1 Douglas-fir Pseudotsuga menziesii 20 22 1,520 S No 2 2 long lateral limbs retain 1006 1 Douglas-fir Pseudotsuga menziesii 14_ 22 1,520 S _No 2 2 codominant crown class retain 1007 Off-site Douglas-fir Pseudotsuga menziesii 10_ 10 - S No N/A N/A intermediate crown class protect 1008 Off-site Douglas-fir Pseudotsuga menziesii 13 15 - S No N/A N/A codominant crown class protect 1009 1 Douglas-fir Pseudotsuga menziesii 10 12 - S No 1 1 suppressed,leave stump remove 1010 Off-site bigleaf maple Acer macrophyllum 28 26 - S No N/A N/A roots extend into asphalt protect 1011 Off-site juniper Juniperus spp. 12 12 S No N/A N/A protect 1012 Off-site Douglas-fir Pseudotsuga menziesii 18 16 - S No N/A N/A protect _ 1013 Off-site juniper Juniperus spp. 10 10 - S No N/A N/A protect 1015 Off-site bigleaf maple Acer macrophyllum 2x12 24 - 0 No N/A N/A really two separate trees protect 1016 Off-site bigleaf maple Acer macrophyllum 12 16 - S No N/A N/A protect 1017 Off-site bigleaf maple _Acer macrophyllum 16 26 - 0 No N/A N/A protect 1018 Off-site bigleaf maple Acer macrophyllum 12 12 - 0 No_ N/A N/A protect 1019 Off-site Douglas-fir Pseudotsuga menziesii 22 16 - 0 No N/A N/A protect 1021 Off-site bigleaf maple Acer macrophyllum 14 12 - 0 No N/A N/A protect 1022 1 western redcedar Thuja plicata 22 14 615 S No 2 2 no major defects retain 1023 1 bigleaf maple Acer macrophyllum 13 20 S No 1 0 codominant leaders,advanced trunk decay remove crown asymmetry due to power line 1024 1 ponderosa pine Pinus ponderosa 22 16 804 0 No 2 2 pruning,some western gall rust retain moderate structure,roots extend into 1025 1 scots pine Pinus sylvestris 21 22 1,520 0 No 2 2 asphalt retain 1026 1 giant sequoia Sequoiadendron giganteum 54 20 1,256 0 No 3 3 no major defects,roots extend into asphalt retain 1027 1 ponderosa pine Pinus ponderosa 30 16 804 0 No 3 2 crown asymmetry due to power line pruning retain 1028 1 bigleaf maple Acer macrophyllum 6 0 - S No 0 0 dead remove 1029 1 bigleaf maple Acer macrophyllum 7 12 - S No 1 1 remove with group remove 1030 1 bigleaf maple Acer macrophyllum 14 15 S No 1 0 advanced trunk decay remove 1031 Off-site bigleaf maple Acer macrophyllum 12 15 S No 1 0 advanced trunk decay remove off-site tree 1032 1 bigleaf maple Acer macrophyllum 7 11 - S No 2 1 lower trunk wound,remove with group remove 1033 1 bigleaf maple Acer macrophyllum 9 15 - S No 1 0 advanced trunk decay remove Morgan Molen&Associates,LLC Consulting Arborists and Urban Forest Management 3 Monroe Parkway,Suite P220,Lake Oswego,OR 97035 morgan.holen@comcast.net 1971.409.9354 i I I I 1 I I 1 I 1 I I I 1 I I 1 1 1 �I Attachment A:Existing Tree Inventory Data Morgan I Iolen MHA16059 Madrona Recovery Center-Tree Data 9-14-16.xisx —4--A/' OCIATrrA, Page2of2 ."Iv' ' fr�N s'� ..,;r�;.��^.r,�w r,��w� is a ,s VH',7.:" �, e.y IIa'*�'�w�7s 71:\ ' a.;n r ar,: �4'r: ''''C'' "fa Nq , ,s,r iwL, ,''' n #4./I"'.r '.* r�� N ,? eat i A , �' W r 'J 1 - !�Qf ''I+�/t°� �� ' . ,� .. ��•;l �'r "' a ?^„ � .u.. r� ,.,,. t�:��4 r �M� �?..��.' '" �` ��"� 'Treatment broken codominant leader hung up in 1034 1 bigleaf maple Acer macrophyllum 16 18 - S No 1 0 crown,basal and trunk decay remove 1035 1 Douglas-fir Pseudotsuga menziesii 40 25 1,963 0 No 2 2 few dead branches,safety prune retain moderate structure,codominant stems with some included bark twisting together,below 1036 1 western hemlock Tsuga heterophylla 2x8 14 615 0 No 2 2 dominant canopy of tree 1035 retain 2x16, severe crown dieback,dead and broken 1037 1 bigleaf maple Acer macrophyllum 3x18 25 - 0 No 1 0 branches,branch and trunk decay remove - 1038 1 grand fir Abies grandis 30 15 707 0 No 3 3 no major defects,remarkable tree retain 1039 1 deodar cedar Cedrus deodara 4 4 50 0 No 2 2 some crown asymmetry retain poor structure,codominant leaders,one- 1040 1 lodgepole pine Pinus contorta 12 12 - 0 No 2 1 sided crown remove crown dieback,hollow with advanced trunk 1041 1 bigleaf maple Acer macrophyllum 40 30 - 0 No 1 0 decay in plane of lean remove forked leaders,no major defects, 1042 1 grand fir Abies grandis 46 20 1,256 0 No 3 3 remarkable tree retain 1DBH is tree diameter measured at 4.5-feet above the ground level in inches;trees with multiple trunks splitting below DBH are measured separately and individual trunk measurements are separated by a comma,except multiple trunks of the same size are indicated as quantity x size. 2C-Rad is the average crown radius measured in feet. 3Canopy is the average tree canopy area(ftz)for on-site trees to be retained with Condition and Preservation ratings>2,calculated as:Canopy=(C-Rad)2 x it. 40/s identifies the trees as eitherQpen Grown or Stand Grown. 6HT identifies whether or not the tree is a Heritage Tree(eftherY for yes or N for no). 6Cond is the numerical condition rating(0-3)for on-site trees as defined in the Tigard Urban Forestry Manual RATING VIGOR CANOPY DENSITY DEADWOOD FAILURE HISTORY PESTS DECAY 0 dead to severe decline <30% major scaffold branches >1 scaffold Infested major conks and cavities 1 declining 30-60% twig and branch dieback scaffold branches Infested one to a few conks;small cavities 2 average 60-90% small twigs small branches Minor present only at pruning wounds 3 good to excellent 90-100% little or none none None absent to present only at pruning wounds 'Pres is the numerical suitability for preservation rating(0-3)for on-site trees as defined in the Tigard Urban Forestry Manual: RATING CONSIDERATIONS 0 The tree is a"hazard tree"as defined in chapter 18.120 of the Tigard Development Code and"hazard tree abatement"as defined in Chapter 18.120 in the Tigard Development Code cannot be completed in a manner that results in tree retention consistent with tree care industry standards. 1 The tree is dead,in severe decline,or declining but may still be retained if desirable for wildlife or other benefits because it is not considered a"hazard tree"or"hazard tree abatement"could be performed. 2 The tree has average health and/or structural stability that could be alleviated with treatment;the tree will be less resilient to development impacts and will require more frequent management and monitoring after development than a tree rated as a"3". 3 The tree has good to excellent health and structural stability;the tree will be more resilient to development impacts,and will require fess frequent management and monitoring after development than a tree rated as a"2". Morgan Nolen&Associates,LLC Consulting Arborists and Urban Forest Management 3 Monroe Parkway,Suite P220,Lake Oswego,OR 97035 morgan.holen@comcast.net i 971.409.9354 r I I r r I I 1 I I I i ' i ' ' a Attachment B:Effective Tree Canopy Cover Summary Morgan Nolen MHA16059 Madrona Recovery Center-Tree Data 9-14-16.xlsx —F —Q/JOCIF�TFJ.L.c Page 1 of 1 2x Canopy Area(sq.ft.) 2x Canopy Area(sq.ft.) 1.25 x Mature Mature Canopy 1.25x Mature Effective% of Preserved Trees of Preserved Stands Canopy Area Area(sq.ft.)of Canopy Area Tree Canopy Canopy Lot Area (w/condition and (w/condition and (sq.ft.)of Native Non-Native (sq.ft.)of Area(sq.ft.) (Canopy Area Lot No. (sq.ft.) preservation rating>2) preservation rating>2) Planted Trees Planted Trees Planted Stands per Lot /Lot Area) Total Development Site 45,343 28,674 0 0 0 0 1 28,674 1 63.2% Notes:Effective tree canopy cover is required to be calculated on a lot/tract by lot/tract basis only in the R-1,R-2,R-3.5,R-4.5 and R-7 districts. The standard percentage of effective tree canopy cover for each lot or tract in the R-1,R-2,R-3.5,R-4.5 and R-7 districts shall be at least 15 percent. The standard percentage of effective tree canopy cover for the overall development site shall be at least: i.40%for R-1,R-2,R-3.5,R-4.5 and R-7 districts,except for schools(18.130.050(J)); ii.33%for R-12,R-25,R-40,C-N,C-C,C-G,C-P,MUE,MUE-1,MUE-2,MUC,MUR and I-P districts,except for schools(18.130.050(1));and iii.25%for MU-CBD,MUC-1,I-L and I-H districts,and for schools(18.130.050(1))in all districts. Morgan Molen &Associates, LLC Consulting Arborists and Urban Forest Management 3 Monroe Parkway,Suite P220,Lake Oswego,OR 97035 morgan.holen@comcast.net 1971.409.9354 Attachment C Tree Preservation and Removal Site Plan 1 I I I •—J 1 •_._..J _J --I _..__J i __ J . J .----/ I L R L L L ' y,.�? ��; �``� /, .•�'� ,rte, '- „� /i '•c crr a --- "_--- , it 'Y ' i 'i 1�4 \ P�C1 �' t V s.3��1 J s "7-4' EXISTING /% SOUTH 'S tr.-,\ ••-'—?C �,/BUILDING EXISTING \, c i .%� 81 ' NORTH „ /" o.l • v BUILDING - --/,-7 � • sa:zs O /' Z. c \1 Q•,j,r 01 ! C77. ,;;-.',1 '. . ,Ct )`' . i ., .4'1'3 di, j TREE PRESERVATION AND REMOVAL SITE PLAN srre TOTAL AR.as 343 5, -\ KQ 1 200 r•zva- V I,Morgan Nolen,attest that this Tree Removal and Preservation Plan meets the requirements In Section 10, part 3,of the City of Tigard Urban farertry Manual. lyir L GENERAL NOTES P no .mu . rmmw Morgan Hooketarareunw AT AT• ISA Board Certified Master Arborist PN-614511rre ulsnova smanoemoaswmbnoHp. OR Tree Risk Assessment Qualified Me:October 14,7016 MADRONA RECOVERY CENTER T1 7000 SW VARNS STREET TIGARD,OREGON Attachment D: Tree Canopy Site Plan r / _ • J _. $ a arra !..amerill i.w../ L.....J ..ft.J I.r.J i W i_ / i,..J i...,,,......J .J ;....r./ ..,„„,.....„./ t -)1;44°2 aY��` ?;s—- ' # ,A° --r/ -.7JY � • 9„,b s EXISTING • Y” • _\ l /.-� SOUTH +.0 i i'� rTf'- i BUILDING EXISTING , i - "1 I jam' ., NORTH `7' \ �� r j �� , BUILDING .'' -d'l.,. ,•0 ,.V 5325 r - 4-. ZO, : , i' ,f ji ' .rte �� -T { — �i 88.47 TREE CANOPY COVER SITE PLAN SITE TOTAL AREA M.S.sf _) SCALE 1•.20'A' 1'•20'-0 - I,Morgan Hole,,attest that this Tree Canopy Site 2 at m m M Plan meets the renmirements In S.M.10,part 2, of the City of Tigard Urban forestry Manual. lir f.4, Morgan Hole, ISA Board Certified Master Arborist PSI-6145B ISA Tree Risk Assessment Qualified Hate October 14,2016 MADRONA RECOVERY CENTER 1"2 7000 SW VARNS STREET TIGARD,OREGON 1 I 1 I 1 1 1 MADRONA RECOVERY CENTER 7000 SW VARNS STREET TIGARD,OREGON CODE SUMMARY SW Nnnulun St TYPE V-B CONSTRUCTION e, NORTH BUILDING 5,240 SF. SOUTH BUILDING 2,520 SF. .. V 5 s. ZONE NOTES u st°,_____ sH ,. 1 a ZONE: C-P,COMMERCIAL PROFESSIONAL s SW Merry Dr SHEET INDEX AO COVER SHEET Al EXISTING CONDITIONS PLAN A2 SITE PLAN "0'a A3 FLOOR PLANS ".r^ A4 NORTH BUILDING EXTERIOR ELEVATIONS A5 SOUTH BUILDING EXTERIOR ELEVATIONS VICINITY MAP T1 TREE PRESERVATION AND REMOVAL SITE PLAN T2 TREE CANOPY COVER SITE PLAN CBITWOARCHITECTS AO A LIMITED L I A B I L I T Y COMPAN ► ► ► ► ► ► ► ► ► ► 1 e 1 I I ► / 1 N 1,N ^ a — ti ti' i " r � �— 4.t...u. _G___cl____ 0 000' — — o \ � 7,r ,Ffitiff 318. -tVG '`% -- +cr / ��' 7� // 1 l•r i Q 1 - � / � / / ,f CC C C i / � b� 1 .zI / 5`� O 1 �/ // // �' ❑ / /I / -- o• 1, EXISTING / // 7/ / / � SOUTH /7 / 'V •,-j; I ,BUILDING EXISTING „... >KH 1 . , '/ /'< /'6° y NORTH `/VI` q 1 / / / Q% BUILDING �/ o / / �i j. II / 53.25'/ WT � z\< �� ,C)si ti CD I NI 1 �, c 1 /7 1 t ja�I/1 / 7 // // 64�� *s C'�IC C i/ // // • �✓ Og, 1 1- l`a/y \ // „/ / / c,.‘1:4/________--lf___— — T / 88.47' EXISTING CONDITIONS PLAN _\ SCALE'1/16'-1'-0• /] CB TWOARCHITECTS MADRONA RECOVERY CENTER Al F N 7000 SW VARNS STREET TIGARD,OREGON 1 1 / 1 r 1 I I I I I I I I 1 I 1 1 1 6• " ►c .i( ..rf � � J%/i( f'.,44_ .n,� lt. illy 0000 ter i �` '19.�C) ' n ( II �. aE, ',.4" �.�w'A, c,V+ 14/ r2 EXISTING /� // ,Ea I SOUTH �. �.F. �..E, INEV. BUILDING EXISTING 9A\ I.,'CEDAR��.61. � NORTH . V ' /' / BUILDING - - 7 MEE.� �., - ,, �, 53.25 — t /., FIMFTIN �E� '(� o I 3 Hil N � \JP 7 a Q� - 1 � * �., mfi // SITE STATISTICS �`(X _VVV / 'g4y, DESCRIPfID1! REQUIRED AREA PROVIDED AREA 0. C C C / l.1FIGI,ACE PEEP ' / / ' Z4tt r..ZU rcsE iry*AUEo / / ®� PARKING STATISTICS 0 FAKE,DESCRFT., •REWIRED R PROVIDED __ 7 08.47' MEAL F.,FFITE FAME, A` EF J PA.EC-NI rmHCIFFF iun.,.OF 2E11 a,ET SITE PLAN _\ SCALE:1/16'-1'.0 /] CB TWOARCHITECTS MADRONA RECOVERY CENTER A2 7000 SW VARNS STREET TIGARD,OREGON I I ► ► r r ► ► ► ► 1 1 ► I 1 1 ► 1 1 t ROOM ROOM ROOM ROOM 7 ROOM I ,is _ 1 _. lI STAFF u• OFFICE OFFICE OFFICE OFFCE OFFC� " R ' _, ®- • • MECH. U. AcrrmY IIP _,1 W . ' • ACTNIry i 7 1' CLIMATE 7_ \ MEI CONTROL BE • a /// 1\\\■■■ 11Y am ROOM ROOM 1 FITNESS .,._ SOUTH BUILDING-SECOND FLOOR PLAN ROT SO.FT. " SOUTH BUILDING-FIRST FLOOR PLAN 2,520 SO.FT.„ SOUTH BUILDING-BASEMENT FLOOR PLAN 2,050 SO.Fr.„ SCALE:1/0"-i'.0 ‘...1 SCALE 1/8"-1'-0" / SCALE'.1/8"-1'-0" - - _r 11, r / KITCHEN DINING ROOM ROOM ROOM ROOM BEI w\ j \\ CORRIDOR ,-... , 1 � OPEN 1 'ONSU BALCONY 1/ I Iw. 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NQECA < > CB TvvoARcHITEcTs MADRONA RECOVERY CENTER KEY PLAN 0 A4 7000 SW VARNS STREET TIGARD,OREGON J 1 I I 1 I I I I I I I I I 1 1 1 1 1 RP- S 1 11 1 1101111101 II 11111 d111 111„ _ _ Hi) 111MITUI —1H 1 In ItilliFilin io 1 11111111111111 Hi! ,0i i illi imi imi iii 11111 1 HIOI iiiuiiiiuoiiiiiiuo iiiooiioiiiiiuiiiiHI 0 III 1111 HIll II 111111 1 1III 1111 111111111 0 SOUTH BUILDING NORTH ELEVATION 0 SOUTH BUILDING EAST ELEVATION ---4,311EIL J 11111 PIJURRILJ 111111111 L] 1111111 III II1 11 fl Ill II 101 111111 4 1 111 11111111 1111111 11 11 1 11 liti1 iiiil — —H Ili ilii ' 11.,_i !inn'11111 PII i 11 11111 lil 1 11111111 1 1 1 1 I I 111111 I NMI 4 11111 H 1111 1 ,---- IMO I . , iii„,..„,„,„ L.....,,, „SOU H BUILDING SOUTH ELEVATION 0 SOUTH BUILDING WEST ELEVATION o o \/ > 29.22 4 NO CB TWOARCHITECTS MADRONA RECOVERY CENTER KEY P AN 0 A5 7000 SW VARNS STREET TIGARD,OREGON i > > J J I I i I i I 1 1 I 1 1 1 1 -- - _�. ` '141, fi0 %e 4r i,l 1 y4,:ytinii / , ,w„,----ii.,? , _ _ i °4," EXISTING,?u 7 y J . " p /'� �� /• "`SOUTH ' ..1;, /, BUILDING, EXISTING ,,,,,,,,,j:„ A i,` P , / o I �v, '.NORTH' ` , / /,, .c. '` BUILDING /�� .3 rml53.25' Y,..,A64, IIIA . / J b RIS i A°i ' '.__ 03.—cs' 1 ' 41p11,-- .7 -, ' ' _,.., ,_ I .p8 � ? / / --ID / /'� O / / / --- 88.47' TREE PRES- ERVATION AND REMOVAL SITE PLAN _\ SCALE.r' znn ) 0m 0.8m 0.8m 12m 1.6m 3m VISUAL SCALE 120 @ Al GENERAL NOTES MADRONA RECOVERY CENTER T1 7000 SW YARNS STREET TIGARD,OREGON I J J 1 I I I I I I I 1 I I 1 I 1 —r 4. yaw.. 1 � C 4 !!de�y�'M1 c �!4 ` t �, .'9 - . `r. ' eEXISTING„''.4,,,,„”; / ` ,, SOUTH "" ', , IPI—,: a- BUILDING za4EXISTING ,$.1 :1 1' d, o' ". NORTH II 6 9/ O 14 , BUILDING 1f` —/ / / I 53.25' �� 4 ,�I�ra � � x L1"-• Q�� I ti�� * / / / /. // / //�/ O / 88.47' TREE CANOPY COVER SITE PLAN ilk) an, o.om o.am vzn, I.sm zn, VISUAL SCALE 1 I0 Q Al MADRONA RECOVERY CENTER T2 7000 SW VARNS STREET TIGARD,OREGON Washington County,Oregon 2017_076364 S 09/26/2017 08:41:66 AM Stn.° M LOPEZ After recording return to,and until $15.00$11.00$5.00$20.00$20.00 $71.00 a change is requested,send all tax I,Richard Hebsrnieht,Director of Assessment and Taxation end Ex- II COMM County Clerk for Washington County.Oregon,do hereby statements to: certify that the within instrument of writing was received and d recorded In the book W records of said county. Nelson Vial,LLC Richard Hobernicht Director of Assessment and Taxation;Ex-Officio W 17355 SW Boones Ferry Road,Suite A u IS Lake Oswego,OR 97035 STATUTORY BARGAIN AND SALE DEED Yarns Street Properties,LLC,an Oregon limited liability company,as Grantor,conveys to Nelson Vial,LLC,an Oregon limited liability company,as Grantee,the following described real property: kir Commencing at a%inch iron pipe at the Southwest comer of Uri 3,VARNS ACRES,it the City cf Tigard,County kr of Washrgtcn and State of Oregon;thence South 89'11'10"East,along the Southerly boundary of said LQt 3,a distance 01138.00 feet to a 5/8 inch x 30 inch iron rod acid the true point of beginning;thence continuing South 89' 11'10'East,192.00 feet to the Southwest corner of Lot 4,VARNS ACRES,thence conlfnitg South 89'11'10' East,along the South Me of said Lot 4,to the Southwesterly right-away line of the Bion Tigad Highway ) (also Oregoni Slate Egh ay 217);thence North 30'29'42'West,along the right-of-wry line to fie point of intersection ci said Southwesterly right-of-vray with the East line of said Lot 3;thence continuing North 30'29'42 West,along said Southwesterly right-of-way line 225.64 feet to a%inch Iron rod at a point of-spiral largeri thence Northwesterly along a spiral cave to the left 39 3013"West 39.41 feet to a 5/8 itch Con nod(Long chord v bears North 30'30'13"West 39.41 feet);thence lowing said spiral am South 16 21'10"East 88.47 feet to a 5r8 iich iron rod;thence North 88"31'10'West 81.22 feet thence South 0'48'50'West 53.25 feet to a 5/8 inch iron rod thence South 89'11' 10'East 42.00 feet to a railroad spike in a blacktop ate;thence South 2'14'20- West,parallel with the Westerly We al said Lot 3,VARNS ACRES,187.00 feet to the true poit of beginning. EXCEPTING THEREFROM that portion conveyed by Deed recorded October 17,2013,at Recarsi'irig No. 2013-091752. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TiTLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THiS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THiS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CiTY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED ISA LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.335 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. (00714560;1} 1. After recording return to,and until a change is requested,send all tax la statements to: E. es Nelson Vial, LLC °tic W 17355 SW Boones Ferry Road,Suite A Z Lake Oswego,OR 97035 U Iaa O '8 o STATUTORY BARGAIN AND SALE DEED ��, U Varns Street Properties, LLC,an Oregon limited liability company,as Grantor,conveys to Nelson Vial,LLC,an Oregon limited liability company,as Grantee,the following described real property: 1 Cornmendrg at a' inch ton pipe at the Sou tw'est corner of Lot 3,YARNS ACRES,in the City of Tigard,County W of Washington and State of Oregon;thence South 89' 11'10"East,along the Southerly boundary of said Lot 3,a distance of 138.00 feet to a 5/8 inch x 30 itch iron rod and the true point of begirning;thence cortin ing South 89' 11'10'East, 192.00 feet to the Southwest turner of Lot 4,VARNS ACRES;thence continuing South 89'11' 10" East,along the South the of said Lot 4,to the Shy right-of-way fine of the Beaverton Tigard Highway J (also Oregon State Highway 217);thence North 30'29'47 West,along the right -way Ire to the pont of V intersection of said Southwesterly right-of-my with the East line of said Lot 3;thence continuing North 30.29`47 West,along said Southwesterly right-0f-way the 225.84 feet to a' inch ton rod at a point ci"spiral tangent; \ thence Northwesterly along a spiral curve to the left 39'30'13'West 39.41 feet to a 518 inch ton rod(Long chord C3 bears North 30`30"13"West 39.41 feet);thence leaving said spiral curve,South 1'21'10'East 88.47 feet to a 5/8 inch iron rod;thence North 88'3V 10'West 8122 feet thence South 0°48'50"West 5325 feet to a 5/8 inch iron rod;thence South 89'11' UT East 42.00 feet to a raikoad spike in a blacktop drive;thence South 2° 14'20" West,parallel with the Westerly line of said tot 3,VARNS ACRES, 187.00 feet to the true point of begs>rring. EXCEPTING TI-LREFROM that portion conveyed by Deed recorded October 17,2013,at Recording No. 2013-091752. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. 100714580;11 1 M Y - The true consideration for this conveyance consists of other property or value given. This Statutory Bargain and Sale Deed is executed for the purpose of carrying out the City of Tigard Lot Line Adjustment(LLA) approved under case number LLA2013-00003 and which became final on October 23, 2013 and effective on October 24,2013. Dated this LI day of September,2017. (Remainder of page intentionally left blank;Signature page follows) {00714580;1} 2 GRANTOR: VARNS STREET PROPERTIES, LLC, an Oregon limited liability company By: r;?"'C--- Name: 7,404 AS $4 cueNNso/ Title: 4101NA6.y6 NF+wd,R STATE OF 1. G / ) )ss. County of _ . . 1 /11 . ) The foregoing instrument was acknowledged before me on• / /// : 2017, by 71/bintiS .tioni/) i ,as 144' 4j/ I77/sfj )#of yarns St eet Properties, LLC, an Oregon limited liability company,on behalf of said hakeliability company. 410 OFFICVLSTIW.JOANIM PANE 1101111111 tary Publicfor y (J/? NOTMYPUOUC^OtEGON 4ity Commission Expires 1 7/2 COIY6111011 NO.l61610 W COMMON CM MOWS O6.1020 {00714580;1} 3 r i Gary Pagenstecher From: john thornton <johntfuture@gmail.com> Sent: Thursday, February 23, 2017 12:21 PM To: Gary Pagenstecher Cc: Gretchen Subject: Madrona Recovery Directors Interpretation Attachments: Kenny Asher Narrative 5.docx;Zoning Testimony (1) (1).docx Follow Up Flag: Flag for follow up Flag Status: Flagged Hello Gary, Attached is our narrative for the directors interpretation. I've also attached our testimony from the hearing for a reference if that's needed. Please let me know if I'm missing anything and how can I go about paying the fee. Thank you for helping me get through this Gary. Best regards, ku-( 0mL0 John Thornton / /g /` President 12EF luh � f/� } Ali k� !! r Madrona Recovery 1 mac1rona recover Y Kenny Asher Director of Community Development City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 February 22, 2017 RE: CUP2016-00004 Dear Mr.Asher: Thank you for taking the time to weigh all the evidence and offer your interpretation of the code as it applies to our proposed use of 6996-7000 SW Varns Street--also known as Washington County Tax Assessor's Map 2S 101DA,Tax Lot 01900.After your careful consideration of our case,our hope is that the proposed use will be permitted in the Commercial—Professional zone. We are excited by the prospect of being a part of Tigard's economic development by providing local jobs, responsibly paying taxes,and compassionately and professionally meeting a dire regional need for mental health and addiction treatment for adolescents. We are providing this documentation to support our assertion that Madrona Recovery is best-suited to conduct business as a "medical center" in the C-P zone. 1. Residential treatment is commonly recognized as a medical service. Madrona Recovery is most similar to a "Medical Center" according to the zoning regulations.The term "residential," in our case, refers to a level of care, not to a zoning category. It is common knowledge that health care is provided along a continuum (American Hospital Association, 2014). Patients receive care along this continuum based on the severity of illness and the intensity of services that are required for effective treatment. A"residential" level of care is widely recognized as logically being on this continuum, between "inpatient" and "outpatient". Residential is a recognized level of care that is a slightly less intense level of service than what is provided in an acute inpatient hospital setting,and a much higher level of service than what is offered in an outpatient setting.Specifics of the care that Madrona Recovery plans to provide are contained in the program description, previously submitted to City of Tigard staff(see Appendix). As defined by city code(18.130.030 Omitted and Unanticipated Uses,G. Medical Centers), Madrona Recovery provides"services to the sick and infirm" by treating only patients with a physician-diagnosed, medical condition and providing care in a "campus setting." 1 2. Health insurance companies fund the mental health and addiction treatment we provide. The business model for Madrona Recovery relies primarily on payments made by health insurance companies to fund the services provided at our facility. Health insurance pays for the costs of treatment after co-pays, deductibles,and out-of-pocket aspects of insurance benefit plans have been met. Health insurance companies provide coverage only for health-related services that they define or determine to be medically necessary.All patients must meet"medical necessity" requirements at all times to be admitted and to continue treatment at Madrona Recovery. Medical necessity refers to a decision by a health plan that a treatment,test,or procedure is necessary for an individual's health or to treat a diagnosed medical problem. Medicare,for example,defines medically necessary as: "Health care services or supplies needed to diagnose or treat an illness, injury,condition,disease,or its symptoms and that meet accepted standards of medicine." (Medicare Glossary, www.medicare.gov/glossary/m.html). Furthermore, Madrona Recovery employs a team of physicians, nurses, and an array of assessment and treatment specialists who meet the standards of health insurance companies in Oregon to be eligible for reimbursement for our services.All patients are admitted and treated by physicians who are licensed to practice medicine in Oregon. 3. No other category better describes the work of Madrona Recovery. The other categories considered were Detention Facilities and Transitional Housing. Neither of these categories is a good fit for Madrona Recovery. Transitional Housing is described as"as public or non-profit living facilities possessing the same characteristic as group or household living." Madrona Recovery is not a public or non-profit facility.Our business is a medically-managed, residential setting for patients with physician-diagnosed health conditions.Our funding will come from health insurance companies,who do not pay for transitional housing. Madrona Recovery is investing more than a million dollars to upgrade the facilities to meet rigorous medical safety standards required by the Oregon Health Authority and the Joint Commission. These upgrades would be unnecessary if the facilities were to be used merely for transitional housing or group living. Detention Facilities require "judicially required detention, incarceration,or supervision." Our clients will not be judicially required to be in our care. Our clients will be receiving mental health and addiction treatment,funded exclusively by health insurance. In fact, insurance companies(including Medicaid) expressly do not pay for healthcare services for those who are incarcerated or in detention (Healthcare Funding for Incarcerated Youth, 2017). 4. City of Tigard officials have consistently referred to Madrona Recovery as a"medical center." We would like to thank Gary Pagenstecher,John Floyd, and other Tigard officials who have worked closely with us along the way as we have poured time and financial resources into this important endeavor. From our initial inquiries in early 2016,the pre-application process,the application process, 2 through today, they have repeatedly supported our proposed use and indicated that we should be categorized as a "medical center." As noted in the Staff Report: Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility.This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care.The program goal is to provide short-term, high-quality, trauma-informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13- 17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. The existing buildings will be remodeled to answer the programming needs of the facility. Accommodations within the building will include lobby, offices, kitchen, dining, patient rooms, restrooms, fitness, activity, and ancillary spaces. A fenced outdoor area will be established to allow supervised outdoor activities for the patients.The facility will be secure and be able to provide treatment for up to 23 persons. Madrona Recovery clearly fits best in the "buffer zone" between industrial and residential areas.The proposed use is consistent with the intent and purpose of the C-P zoning district, as highlighted below in excerpts from the Staff Report. • The use is similar to and of the same general type as the use categories listed in the zoning district. "Medical centers are allowed conditionally in the C-P zoning district. The existing buildings meet all of the standards found in the Community Development Code for professional offices and medical centers with the exception of the rear yard setback. All additional standards found in the Conditional Use chapter solely for medical centers are met. --- No additional concessions are being sought and all other standards are met or exceeded.This criterion is met (page 9) • The use has similar intensity, density, and off-site impacts as the use categories listed in the zoning district,to be evaluated using the criteria set forth in 18.130.015.A.2. "This is an existing development, there will be no additions or changes to the existing structures or other improvements that will cause any adverse effects to the property, surrounding area, or community." (page 9) • The use has similar impacts on the community facilities as the listed use categories. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. o N. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. FINDING: As shown in the analysis above, all of the applicable site development review standards are met. (page 8) 3 o All Access, Egress and Circulation provisions (18.705) are met. (page 11) o All Landscaping and Screening standards (18.745) are met. (page 12) o All Off-Street Parking and Loading requirements(18.765)are met. (page 13) o All Urban Forestry Plan requirements (18.790) are met. (page 13) o All Street and Utility Improvement standards (18.810) are met.The applicant proposes to use the existing access from SW Varns Street to the private drive that currently serves the property. No changes are proposed.The existing buildings are currently served by water, sewer, gas, and electricity. No new utilities are required. (page 14) o The City of Tigard Police Department reviewed the proposal and has no objections to it. (page 14) o Clean Water Services has reviewed this proposal and issued a Sensitive Area Pre-Screening Site Assessment(#16-003631) dated September 29, 2016 stating that the proposed development is not likely to impact the existing or potentially sensitive areas found near the site. (page 14) We also want to thank Joe Turner for the conscientious, diligent analysis he has provided as Hearings Officer. Mr.Turner ultimately was unable to say conclusively that our program met the "medical center" category due to the language in the code which says it must provide "inpatient, outpatient, and emergency services." We will not provide emergency services at our facility. Based on this, Mr.Turner has sought a director's interpretation as a condition of our Conditional Use Permit approval. However, since the proposed use is most consistent with the use category of medical center, which is a permitted use, the proposed use should be approved. For these reasons and more, we hope that you endorse city staff's recommendation to approve Madrona Recovery to do business in the C-P zone. Thank you for your thoughtful deliberation on this matter. If you have any questions or need of further clarification, do not hesitate to contact us. Sincerely, John Thornton CEO (503) 734-7363 marl rona y recovery 4 REFERENCE American Hospital Association (2014, February). Integrating behavioral health across the continuum of care. Chicago, IL: Health Research & Educational Trust. APPENDIX Program Description submitted to Tigard staff: Level of care: Medically managed, residential treatment, integrating mental health and addiction medicine Program goal: Provide brief residential treatment that will prevent patients from entering higher levels of care for mental health or substance use disorders. Rapidly stabilize patients and return them to their home environment with continued support until they are fully engaged in outpatient treatment. Length of Stay: 14-21 days of residential based on acuity and needs. Continuing care would include video conference therapy and support for up to three weeks after discharge to create a bridge to outpatient treatment. Target population: Adolescents, 13-17 years old, with mental health and substance use disorders that are unlikely to be successful in outpatient treatment immediately due to instability in their living environment and need for a 24/7 care environment to stabilize. We intend to begin by opening a 24-bed facility in the Portland-metro area. Treatment Philosophy:Trauma Informed Care,Sanctuary Model,that fosters a therapeutic milieu for community-based treatment.There is high emphasis on building a therapeutic alliance between patients and the staff treatment team to increase engagement and retention in the program. Interventions are focused on stabilizing mental health and substance use disorders through evidence-based practices such as dialectical behavioral therapy and structured relapse prevention to build skills for emotional regulation and interpersonal effectiveness. Staffing:The clinical team of therapists, milieu counselors(mental health technicians), nursing team and psychiatrist are experts in mental health and addiction treatment with a specialty in working with adolescents and families.A generous ratio of therapists to clients to facilitate daily interaction while in care. Discharge Planning: Starts immediately upon admission with the patient's primary therapist assisting in involving family members and community supports as well as resources for continuing care. Continuing care: Post discharge video and/or phone support to prevent entry/re-entry to emergency department(ED)or other higher levels of care. Program will assist patient in engaging in outpatient and community resources to prevent relapse and destabilization. 5 • madrona recovery Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer Gary Pagenstecher, AICP CUD Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 January 26, 2017 Dear Gentlemen: Thank you for allowing us to clarify the nature and purpose of our business and our proposed use (CUP2O16-OOOO4/VAR2O16-00004) of the site on SW Varns Street in Tigard. We have every intention of providing a valuable service to our community, offering attractive local employment opportunities, being a responsible tax-paying business, and being good neighbors. For ease of reference, we have inserted relevant portions of the zoning code. Our responses and comments are noted in a contrasting font and color. We first address how Madrona Recovery's use category is neither "transitional housing" nor "detention." A discussion of"detention" is included, because questions about it had been raised in the past, and because poor wording of that section of the code seems to have confounded a proper interpretation of "transitional housing." We then address how Madrona Recovery most closely aligns with the definition of"medical center." 18.520.020 List of Zoning Districts D. C-P: professional/administrative commercial district.The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services,e.g., convenience retail and personal services,restaurants, in close proximity to residential areas and major transportation facilities.Within the Tigard Triangle and Bull Mountain Road District,residential uses at a minimum density of 32 units/net acre,i.e.,equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development.Heliports,medical centers,religious institutions and utilities are permitted conditionally.Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. In keeping with the intent of the Commercial/Professional zoning district rules, Madrona Recovery clearly fits best in the "buffer zone" between industrial and residential areas. Page 1 of 1 18.130.015 Classification of Uses A. Considerations. 1. The"Characteristics"subsection of each use category describes the characteristics of each use category.Uses are assigned to the category whose description most closely describes the nature of the primary use.A primary use is the activity,or combination of activities of chief importance on the site,and the main purposes for which the land or structures are intended, designed,or ordinarily used.Accessory uses are uses or activities which are a subordinate part of a primary use and are clearly incidental to a primary use on site.Developments may have more than one primary use.Developments may also have one or more accessory uses. Developments with more than one primary use are addressed in subsection B of this section. Accessory uses are addressed in subsection C of this section. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: a. The description of the activity(ies)in relationship to the characteristics of each use category; b. The relative amount of site or floor space and equipment devoted to the activity; c. Relative amounts of sales from each activity; d. The customer type for each activity; e. The relative number of employees in each activity; f. Hours of operation; g. Building and site arrangement; h. Vehicles used with the activity; i. The relative number of vehicle trips generated by the activity; j. Signs; k. How the use advertises itself; and 1. Whether the activity would be likely to be found independent of the other activities on the site. 18.130.030 Omitted and Unanticipated Uses A.Purpose. It is not possible to contemplate all of the various uses which will be compatible within a zoning district.Therefore,unintentional omissions occur and unanticipated uses may not be clearly assignable to a use category. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such omitted and/or unanticipated uses are compatible with the listed uses. C.Transitional Housing. 1. Characteristics: Transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as Household or Group Living,but with tenancy less than 45 days. 2. Accessory Uses: Accessory uses commonly found are recreational facilities,parking of autos for the occupants and staff,and parking of vehicles for the facility. 3. Examples: Examples include homeless shelters,women's/children's shelters,drug/alcohol treatment facilities. 4. Exceptions: a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month,which is considered a hotel or motel use and is classified as Commercial Lodging Page 2 of 2 b. Does not include residential uses meeting the definition of Group Living. c. Does not include residential uses where the residents meet the definition of Household d. Living. e. Does not include residential uses meeting the definition of Detention Facilities. (Ord. 10- 15 §1) Madrona Recovery's use category is NOT "Transitional Housing." • It is NOT public. • It is NOT non-profit. • It is NOT a drug/alcohol treatment facility in the sense referred to in "C.Transitional Housing 3. Examples". • In contrast to Madrona Recovery, there are already specific, allowed-use illustrations of this kind of drug/alcohol treatment facility in the Tigard Municipality. Oxford House Walnut Park Oxford House Englewood Park 11930 South West Walnut 11215 South West Cottonwood Ln Tigard, OR - 97223 Tigard, OR - 97223 Oxford Houses are "self-run, self-supported recovery houses for recovering alcoholics and drug addicts." These "self-supporting, drug free homes" are "part of a publicly supported, non-profit 501(c)3 corporation umbrella organization which provides the network of all Oxford Houses and allocates resources to duplicate the Oxford House concept where needs arise." (Oxford House Walnut Park-Transitional Housing. (n.d.).) C.Detention Facilities. 1. Characteristics: Detention facilities are uses devoted to the judicially required detention, 2. incarceration,or supervision of people. 3. Accessory uses: Accessory uses include offices,recreational and health facilities,therapy facilities,maintenance facilities,and hobby and manufacturing facilities. 4. Examples include prisons,jails,probation centers,juvenile detention homes,and related post- incarceration and half-way houses. 5. Exceptions: a. Programs that provide care and training or treatment for psychiatric,alcohol, or drug problems,where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing. Madrona Recovery's use is NOT "Detention." • Those who are served by Madrona Recovery are NOT ever "judicially required"to be there. • In properly interpreting the "Exceptions" section of the code above, it is important to note that the explicit context is "Detention Facilities". What kind of facility might "provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by police officers?" In contrast to Madrona Recovery, examples would include facilities operating under Oregon's Behavioral Rehabilitation Services (BRS) rules (Behavior Rehabilitation Services, 2017). Madrona Recovery is not licensed under those rules and does not serve that clientele.Those served by BRS programs "are not supervised by police officers," but they are predominately adjudicated youth with "psychiatric, alcohol, or drug problems."Although not in the Tigard Municipality, the closest illustration of this kind of facility is in Washington County. St. Mary's Home for Boys (16535 SW TV Hwy. Beaverton, OR 97003-5143) "offers residential Page 3 of 3 treatment and services to at-risk boys between the ages of 10 and 17 who are emotionally disturbed and behaviorally delinquent." (About Us. (n.d.)., 2017) G.Medical Centers. 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient,and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites, kitchen/food service facilities; laundry,housekeeping and maintenance facilities; administrative offices and parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. 4. Exceptions: a. Medical Centers may also include freestanding offices for hospital-based and/or private practice physicians and other allied health care professionals; these medical office buildings are regulated as Offices. b. Does not include uses meeting the definition of Emergency Services. Madrona Recovery is most aptly categorized as a "Medical Center" according to the zoning regulations. In providing health care services, Madrona Recovery is considered a residential treatment center. The term "residential," in this case, refers to a level of care, not to a zoning category. It is common knowledge that health care is provided along a continuum. Along this continuum are levels of care that vary, based on the severity of illness and the intensity of services that are required to effectively Acute Clinically i Inpatient Day Managed Intensive Treatment/ Residential Multisystemic Partial Treatment Intensive Services Hopitalization (Low, /_ Outpatient Medium, Outpatient Services High) Services Support C Early Groups Intervention Prevention I treat the illness or disorder. A "residential" level of care is widely recognized as logically being on this continuum, between "inpatient" and "outpatient". Although "residential" services are not explicitly named in the "characteristics" section of the code, it clearly fits within the definition. Madrona Recovery provides "services to the sick and infirm." More specifically, Madrona Recovery treats only those with a physician-diagnosed, medical condition, and will provide care in a campus- like setting.This is in stark contrast to detention or transitional housing described in the code. 100%of the site, facilities, floor space, property, and equipment are devoted to the activity of providing medical and medical support services. Page 4 of 4 • Madrona Recovery is investing more than a million dollars to upgrade the facilities to meet rigorous medical safety standards. These upgrades would be unnecessary if the facilities were to be used for transitional housing. Madrona Recovery operates no freestanding office buildings on this site and provides no services that meet the definition of "emergency services." 100%of the hours of operation, 24-hours a day, are devoted to providing healthcare services. 100%of the employees provide healthcare services or provide healthcare support services (e.g., housekeeping, building maintenance, clerical, etc.). Madrona Recovery employs physicians, nurses, and an array of assessment and treatment specialists. All patients are admitted and treated by physicians who are licensed to practice medicine in Oregon. 100%of the "sales"or income are from providing healthcare services. Insurance pays for the costs of treatment after co-pays, deductibles, and out-of-pocket aspects of insurance benefit plans have been met. 100%of the paying "customers"are patients. All of them must meet "medical necessity" requirements at all times to be admitted and to continue treatment at Madrona. Medical necessity refers to a decision by a health plan that a treatment,test, or procedure is necessary for an individual's health or to treat a diagnosed medical problem. Health insurance companies provide coverage only for health-related serves that they define or determine to be medically necessary. Medicare,for example, defines medically necessary as: "Health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine." (Glossary- M, 2017) Insurance companies (including Medicaid) do not pay for healthcare services for those who are incarcerated or in detention. (Healthcare Funding for Incarcerated Youth, 2017) Commercial insurance companies never pay for transitional housing. Madrona Recovery receives no public funding, including payments from Medicaid/Medicare. Thank you for your thoughtful consideration. If you have any questions or need of further clarification, do not hesitate to contact us. Sincerely, John Thornton CEO Madrona Recovery Page 5 of 5 Works Cited About Us. (n.d.). (2017,January 23). Retrieved from St. Mary's Home for Boys Web site: http://www.stmaryshomeforboys.org/about-us/ Behavior Rehabilitation Services. (2017,January 23). Retrieved from Oregon.gov: https://apps.state.or.us/Forms/Served/de0910.pdf Glossary- M. (2017,January 24). Retrieved from Medicare: https://www.medicare.gov/glossary/m.html Healthcare Funding for Incarcerated Youth. (2017,January 24). Retrieved from National Commission on Correctional Healthcare: http://www.ncchc.org/health-care-funding-for-incarcerated-youth Oxford House Walnut Park- Transitional Housing. (n.d.). Retrieved January 23, 2017,from http://www.transitionalhousing.org/li/oxfordhousewalnutpark Page 6 of 6 . J W Zoee Lynn Powers Xzpowers@radlerwhite.com LU 0 971-634-0215 Q F- March 21, 2017 N Y Q Tigard City Council CL 13125 SW Hall Blvd. Tigard, OR 97223 S RE: Madrona Recovery Center(CUP2016-00004&VAR2016-0004) DC LU nswil Mayor and Councilors: G Madrona Recovery("Madrona")seeks approval of a Conditional,Use Permit changing the use of - an existing commercial office complex to a medical center—specifically an adolescent mental health and =z substance use disorder treatment facility—at 6996-7000 SW Varns Street.The proposal is for an adaptive reuse and interior remodeling of properties that have been vacant for three years, under application numbers CUP2016-00004&VAR2016-0004.The facility is designed to provide high-quality, - short-term,trauma-informed care to stabilize youth in crisis and work with the youth and their families to bridge care from an emergency,to inpatient care at the property,and finally to ongoing outpatient support.The Hearings Officer approved the Conditional Use Permit("CUP")application in a Final Order dated February 13, 2017,subject to conditions. I. Madrona is a Medical Center Type Use The CUP process is designed to analyze the site suitability and impacts of the proposed use on z the neighborhood and public facilities.TDC 18330.030.A. In this case,the Hearings Officer did that analysis,followed the CUP process, meticulously examined this proposed use and its minimal off-site impacts, and,after consideration of those factors,approved the CUP. The reason we are in front of City Council now is that the Hearings Officer had questions about classifying Madrona as a"Medical Center"use and, because of his uncertainty, he requested another review to make that classification decision.We ask that City Council agree with the planning staffs interpretation of the code that this is a "Medical Center"type use for the following reasons. Under the code,a "Medical Center" use has the"characteristics"of"providing inpatient, outpatient,and emergency and related ancillary services to the sick and infirm[.]"TDC 18.130.050.G.1. The listed "characteristics" of a use in the code,of course,cannot cover every possible use. Rather, "[u]ses are assigned to the category whose description most closely describes the nature of the primary use."TDC 18.130.015.A.1. The Hearings Officer felt uncomfortable being the final decision-maker that classified Madrona Recovery as a Medical Center use.The Hearings Officer conditioned the approved CUP on Madrona seeking a Director's Interpretation to place the proposed use in the"Medical Center"category.That {00650107;3} Tigard City Council March 21, 2017 Wa Page 2 Z Xz Director's Interpretation process, however,is for"omitted" uses that were"unanticipated"or LU c "unintentional[ly] omi[ted]." For example, if the code had been written before the internet, an internet Q ` café use would have been unintentionally omitted because that category of uses simply had not existed before. Vf In this case,there is an existing use category with characteristics that"most closely describe[] the nature of the primary use": Medical Center.As noted,a "Medical Center" use has the 0 "characteristics"of"providing inpatient,outpatient, and emergency and related ancillary services to the W sick and infirm[.]" Madrona Recovery will do all these things for its patients. 1-- = First, as with any medical center, most patients and their families will come to Madrona in an emergency situation stemming from a mental health or substance abuse emergency.See"Emergency" W Webster's Third New International Dictionary, Unabridged,Web: 19 Mar 2017 ("an unforeseen combination of circumstances or the resulting state that calls for immediate action"). Madrona's written admission criteria clearly articulates the emergent nature of the conditions it treats. For example,a child would be a candidate for admission if they presented with suicidal ideation,self-endangering behavior, substance abuse,or an inability to maintain adequate nutrition or self-care. Madrona triages and addresses immediate safety needs of these patients,such as by medicating for detoxification, monitoring for signs of withdrawal,and providing emergency counseling services and constant monitoring. Second, Madrona will provide short-term inpatient treatment to stabilize patients.Therapists, counselors,a nursing team,and a psychiatrist will provide care 24 hours a day,seven days a week, generally for 14 to 21 days depending on the patient's needs. Patients undergo a psychiatric evaluation, a thorough history and physical,a nursing assessment and laboratory tests,a chemical dependency assessment, a nutritional assessment,and other evaluations.As problems are identified,their treatment needs are prioritized,and strategic interventions are implemented. Third, Madrona helps its patients to successfully transition from its structured inpatient program to outpatient supports and services in their home communities.This outpatient service provides the continuity of care that patients critically need to maintain the gains they have achieved during their inpatient stay. Utilizing advanced telemedicine technologies, patients and their families are provided ongoing therapy from their counselor at Madrona via secure video-conferencing,an approach which increases patient chances of continued treatment success and reduces traffic to and from the site. Finally, Madrona will provide"ancillary services," including administrative services, kitchen and dining services, housekeeping and maintenance,as well as fitness and activity programing. Madrona frequently describes their services as a "bridge"that allows patients and their families to move from crisis situations,through an intensive impatient program, into a supported outpatient treatment,and ultimately back to leading healthy full lives.Just as a patient with a broken leg may initially go to urgent care for emergency services and then have a period of inpatient treatment for surgery with outpatient follow up,these mental health and substance abuse disorder patients follow a similar path to recovery through Madrona. {00650107;3} Tigard City Council OCA March 21,2017 W iz Page 3 Z ` Q n z • X The Tigard Planning Staff came to the same conclusion: "The City believes that the proposed J recovery center is characterized as Medical Center. . . ." Gary Pagenstecher,Associate Planner, City of Q Tigard Memorandum:Request from the Hearings Officer for a Use Category Interpretation for the Madrona Recovery Center Conditional Use(January 31, 2017). If City Council cannot conclude today that this is a Medical Center within the meaning of the code, Madrona can obtain a Director's Interpretation formalizing the opinion of the Planning Staff. CL. FW— II. Autonome ASR,LLC's Appeal = Autonome ASR, LLC("Autonome") is the property holding entity on the site next to the proposed use,and the only neighbor who has objected to Madrona's proposed medical center. CIL The majority of Autonome's arguments—that the Hearings Officer needed to decide this was a CI Medical Center use and that he could not defer the issue to a Director's Interpretation—are not correct because the City Council has the authority to make the use interpretation in this appeal.TDC 18.930.050.City Council will take testimony and evidence on the issue of the correct use, possibly including evidence not presented to the Hearings Officer,and will make a decision on the CUP application. In fact, rather than the code conferring on the Hearings Officer"exclusive jurisdiction"to decide on a conditional use,as Autonome asserts,the definition of"conditional use" provides for an "approval authority"to make the decision following a public hearing,and an "approval authority"can be"either the director,the initial hearing body,or the council,depending on the context. . . ."TDC 18.120.030.22. The context here is the appeal of a Type III procedure,and City Council is empowered to decide that this is a Medical Center use and finalize the approval of the CUP. Although irrelevant at the City Council level, it merits mentioning that Autonome seems to have missed important code sections when it states that a Director's Interpretation would mean "Autonome will have no local appeal rights."Chapter 18.340,titled "Director's Interpretations," provides that"[t]he applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the director's Interpretation to the city council within 14 days. . . ."TDC 18.340.020.The notice of appeal is pursuant to TDC 18.390.040.G.2,exactly the same as the procedure to appeal that Autonome used to file the present appeal to council. Finally, it is unclear why Autonome believes Madrona did not provide the required impact analysis for the CUP application.As part of the Type III procedure for initial CUP applications under TDC 18.330.020.A, Madrona submitted the required impact study"quantify[ing]the effect of the development on public facilities and services."TDC 18.390.050.13.2.e. If Madrona had not submitted this paperwork,the application would not have been accepted as complete.The Impact Study and Traffic Impact Statement are attached as Exhibit A for convenience.Autonome states that Madrona never analyzed"the additional traffic impact this facility will create"—when,in fact,the attached Traffic Impact Statement concluded that the current general office use would produce 120 trips per day and the new, proposed use would produce only 62 trips per day.The Staff Report,dated January 2, 2017, shows that"the City's Engineering review did not identify any outstanding public facility capacity issues {00650107;3} Tigard City Council March 21,2017 W •z Page 4 Z} with the fully developed site [and that]there is adequate capacity in the public facilities that serve the W., site."Staff Report, p.5. Ill. Conclusion In Madrona asks that City Council classify its proposed use as a Medical Center and finalize the approval of the Conditional Use Permit for 6996-7000 SW Varns Street. W I� Z W Sincerely, 7 7 oee Powers (00650107;3} EXHIBIT A Impact Study and Traffic Impact Statement Traffic Impact Statement 6996 & 7000 Vams Street Tigard, Oregon 97223 The existing buildings total approximately 10,296 square feet of usable office space. One of the buildings has an unfinished basement that was used for storage. Based on ITE manuals, a general office produces 11.7 daily trips per 1,000 gross square feet. In its existing use this would produce 120 trips per day. The proposed use will be a total of 23 beds of inpatient medical rehab. The ITE classifies this as a Nursing Home with a land use code of 620. The average daily trips is 2.7 trips per bed. This would put the average daily traffic at 62 trips per day. All use classifications are based on the ITE manual and are not meant to match the City of Tigard's land use classifications. The closest use was selected from the ITE list of uses. As you can see this is a reduction in traffic over the existing use of the buildings. {00650107;3} EXHIBIT A CONT. Madrona Recovery Center Impact Study 6996 & 7000 SW Vams Street Tigard, Oregon 97223 This document will address the impact that this project will have on the public and private infrastructure within the City of Tigard, Washington County and Clean Water Services. The project is a conversion of two existing office buildings. The North building is a two story building with a basement. The two above grade floors have a total of 6,899 square feet with the basement being 2,459 square feet. The Southern building is two stories with no basement. The total square footage of the South building is 3,397. The previous use of the building was office space and more specifically they were law offices for a single tenant. The new use will be an inpatient adolescent mental health and substance use disorder treatment center. The nature of the proposed use is much less taxing on public infrastructure in many ways and will be discussed in more detail in the following statement. Transportation System: As offices, the existing buildings could employ approximately 40 workers that mainly work 8 a.m. to 5 p.m. Monday to Friday. The treatment center will have 32-35 employees. There will be approximately 10 employees per shift and the center will be open 24 hours a day. The overload on the street system will be less than the previous use at peak hours. This use should have approximately 20-30 peak trips in the AM and PM hours. Bikeways: New bike racks will be installed on the property to meet the City requirements. The nearest bike lanes and bus lanes are located on SW 72"`'Avenue, which is less than 0.5 miles from the site. No patients of the facility will have access to public transportation during their time at the center. {00650107;3} EXHIBIT A CONT. Drainage System: The site currently has a public storm sewer conveyance system on the north side of the private access easement that is against the Southern ramp to Highway 217. The site also has a storm water quality and detention area that was built when the second building was constructed about 8 years ago. There will be a small amount of impervious surface added to the site for a single basketball hoop. This small addition can have the storm water treated and managed by the existing facility. Parks: The closest park to the site is Potso Dog Park. It is about a 0.6 mile walk from the site. The nature of this business does not negatively affect the park system. The buildings are secured for safety and all outdoor activity are secured to the site for the patients. Water and Sewer System: The two buildings are currently served by the public water system. This use will, by nature, use more water. The following usage per day is based on the industry averages for the specific fixtures. The use may be more or less than approximated based on the building patient load and time of day. The North building will add three wash sinks, three toilets, one clothes washer and one shower. The South building will add one wash sink and one toilet. Based on industry averages these added fixtures could add between 300 —400 gallons of water per day to the existing use of the site. {00650107;3} O RDAN RAM I S PC ATTORNEYS AT LAW Two Centerpointe Dr 6th Fl Phone: (503) 598-7070 Lake Oswego OR 97035 Toll Free: (888) 598-7070 www jordanramis.com Fax: (503) 598-7373 LEGAL MEMORANDUM TO: Tigard City Council FROM: Shelby Rihala, City Attorney DATE: March 17, 2017 RE: Madrona Appeal to Council This memo provides a summary to Council of the decision points at issue in the Madrona appeal and the order in which the City Attorney suggests making those decisions. Below is a suggested outline for the process: 1. Is the proposed use a "medical center" pursuant to TDC 18.130.050.G? The Code defines the characteristics of medical centers as, "facilities providing inpatient, outpatient, and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks." TDC 18.130.050.G.1. The full text of this subsection and the hearings officer's analysis are found beginning on page 9 of the Hearings Officer Final Order. In applying the characteristics of a use to a specific proposal, the Code instructs that "uses are assigned to the category whose description most closely describes the nature of the primary use." TDC 18.130.015.A.1. Council has discretion in determining the use "most closely" describing the proposed development, within the parameters of the Code's definition of a medical center. Council should consider whether the proposed development is most closely described as "providing inpatient, outpatient, and emergency and related services...." JORDAN RAMI S PC ATTORNEYS AT LAW March 17, 2017 Page 2 Because the hearings officer conditionally approved the application using the criteria applicable to medical centers, should Council conclude that the proposed use is a medical center, Council's decision will satisfy the condition to obtain a use determination and Council may then proceed to hear the remainder of the appeal on the merits, as described in #2 below. Should Council not agree that the proposed development is most closely described as a medical center, the City Attorney recommends requesting a Director's Interpretation, as described in #3 below. 2. If the proposed use is a medical center, were traffic impacts adequately addressed in the proposal? The appellant asserts that the applicant was required to perform a traffic impact analysis. Council must review this claim on the merits. City staff found that because the site was fully developed, there did not appear to be a need to require a full transportation impact analysis and the thresholds to require one were not likely met under TDC 18.810.030.CC, which establishes parameters for when a traffic study is required. The applicant did provide an Impact Statement showing that trip generation would be reduced under the proposed use. The applicant also provided a Traffic Impact Statement showing the ITE Manual trip generation would be half of what was permitted under the existing office use. Additionally, the appellant points to TDC 18.810.020.A. City staff responds that this general provision addresses application of standards in 18.810. Because the site does not have frontage on a public street Warns St.terminates into a private drive), there would be no affected public facilities. Council must weigh the evidence and make a decision to either affirm or deny the appeal based on the applicable standards and criteria. 3. If the proposed use is not a medical center, Council may wish to stay the current appeal pending a Director's Interpretation as an omitted use, pursuant to TDC 18.130.030. Because the hearings officer conditionally approved the proposed development pursuant to criteria applicable to a medical center, if Council determines that the use is not a medical center, the City Attorney recommends obtaining a Director's Interpretation (DI), as provided for in TDC JORDAN RAMIS PC ATTORNEYS AT LAW March 17, 2017 Page 3 18.130.030. This section is intended for circumstances in which "unintentional omissions occur and unanticipated uses may not be clearly assignable to a use category." TDC 18.130.030.A. The Code includes approval standards and provides that the Director "shall render an interpretation, as governed by Chapter 18.340." Under Chapter 18.340, the Director has 14 days to issue a decision. That decision is appealable to the City Council within 14 days after the interpretation is mailed to the applicant and Council would hear the appeal as a Type III, quasi-judicial appeal action. If it becomes necessary to obtain a DI, the City Attorney has conferred with the applicant's counsel and the recommendation is to stay the Council appeal of the hearings officer's decision to allow the DI to become final. Either the DI is appealed to Council, in which case the two proceedings may be joined and considered on appeal together, or the DI is not appealed and therefore binding on Council in the appeal of the hearings officer's decision. PRE - APPLICATION CONFERENCE NOTES CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES ' (Pre-Application Meeting Notes are Valid for Six (6) Months) TIGARD .jam . MA/6.Iib ;mob PRE-APP.MTG.DATE:April 28.2016 1 11 STAFF AT PRE-APP.: Gary Pagenstecher/Greg Berry K i R k J 'u i?&,(44 NON-RESIDENTIAL APPLICANT: Thornton Recovery Centers,LLC AGENT: John Thornton Phone: (503) 734-7363 Email: johntfuture@gmail.com PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 6996-7000 SW Varns Street TAX MAP(S)/LOT#(S): 1S101DA-01900 NECESSARY APPLICATIONS: Conditional Use Permit(CUP);Lot Line Adjustment(LLA) PROPOSAL DESCRIPTION: Convert existing law office building into a medical center facility for inpatient stays (7-21 days) for short term mental health and addiction care. Consolidate two lots. COMPREHENSIVE PLAN MAP DESIGNATION: Commercial Professional ZONING MAP DESIGNATION: C-P L ZONING DISTRICT DIMENSIONAL REQUIREMENTS Refer to Table 18.520.1 (Commercial Development Standards) for dimensional requirements including minimum and maximum setbacks,height limits, and other requirements. E NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, IN 1'ERES'l'ED PARTIES,AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. ® NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 7 NON-Residential Application/Planning Division Section r Z IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ® ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses:. 1 Minimum access width: 30 ft Minimum pavement width: 24 ft. All driveways and parking areas,except for some fleet storage parking areas,must be paved. ® WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXPEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS (Refer to Code Chapter 18.730) • STREETS: feet from the centerline of . > LOWER IN TENSITY ZONES: feet,along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.020.B.) BUILDING HEIGHT EXCEPTIONS -Buildings located in a non-residential zone may be built to a height of 75 feet provided that: is. A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; s All actual building setbacks will be at least half(1/2) of the building's height; and is The structure will not abut a residential zoned district. gin 1 BUFFERING AND SCREENING (Refer to Code Chapter 18.745&18.620) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINA'T'E ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. B ! e I C al i g .ou -ern .. •.a s.e Tab - ►:.745. 1,eca :. ther- an exis g reside. e ne . :.. The b if er • t anges fr. • 6- i feet depe .' .son u e .-se of cree g an. .•- a. • . :.o.e. ® LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.620) STREET TREES SHALL BE REQUIRED AS PART OF THE APPROVAL PROCESS FOR A CONDITIONAL USE (TYPE III), DOWNTOWN DESIGN REVIEW (TYPE II & III), MINOR LAND PARTITION (TYPE II), PLANNED DEVELOPMENT (TYPE III), SITE DEVELOPMENT REVIEW (TYPE II), AND SUBDIVISION (TYPE II & III). The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet (if the CITY OF TIG ARD Pre-Application Conference Notes Page 2 of 7 NON-Residential Application/Planning Division Section number is a fraction,round to the nearest whole number). The trees shall be placed within the public right-of-way whenever possible but no more than six (6) feet from the right-of-way boundary. Street trees shall be planted according to Section 2 of the Urban Forestry Manual and adequate soil volumes shall be provided in accordance with Section 12 of the Urban Forestry Manual. Existing trees may be used to meet the street standards. Further information on regulations affecting street trees may be obtained from the Planning Division. PARKING LOT TREES ARE REQUIRED AS PART OF THE APPROVAL PROCESS FOR A CONDITIONAL USE (TYPE III), DOWNTOWN DESIGN REVIEW (TYPE II & III), PLANNED DEVELOPMENT (TYPE III),AND SI'T'E DEVELOPMENT REVIEW (TYPE II)All parking areas,including parking spaces and aisles, shall be required to achieve at least 30% tree canopy cover at maturity directly above the parking area in accordance with Section 13 of the Urban Forestry Manual. ® RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a dear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at(503) 625-6177. ® PARKING (Refer to Code Section 18.765.040) • REQUIRED parking for this type of use: The amount of parking is dependent upon the proposed use and the square footage of the building. See Table 18.765.2 to determine the minimum required parking. Medical centers:2.0/1,000 sf x 7 = 14 spaces minimum 2.7/1,000 sf x 7= 18 spaces max. NO MORE THAN 50%OF REQUIRED SPACES MAY BE DESIGNA[ED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ▪ Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. ► Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: ▪ All parking areas shall PROVIDE APPROPRIATELY LOCA 1'ED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions,is mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ▪ BICYCI.F RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. ® BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. The minimum number of bicycle parking spaces is dependent upon the proposed use and square footage of the building. See Table 18.765.2 to determine the minimum required bicycle parking spaces. Medical Centers 0.2/1,000 sf.x 7 = 1.4 = 2 space minimum. CITY OF TIG ARD Pre-Application Conference Notes Page 3 of 7 NON-Residential Application/Planning Division Section Z CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETA IED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES • Streams with intermittent flow draining: <25% I 10 to<50 acres 15 feet I >50 to<100 acres 25 feet • Existing or created wetlands<0.5 acre 25 feet • Existing or created wetlands>0.5 acre <25% 50 feet • Rivers,streams,and springs with year-round flow • Streams with intermittent flow draining>100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% I 10 to<50 acres 30 feet I >50 to<100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- • Rivers,streams,and springs with year-round flow foot increments from the starting point to • Streams with intermittent flow draining>100 acres the top of ravine(break in<25%slope), • Natural lakes and ponds add 35 feet past the top of ravine6 4Starting point for measurement=edge of the defined channel(bankful flow)for streams/rivers,delineated wetland boundary,delineated spring boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs,located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. t'The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confums slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor,except as provided for in the CIVS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREA TES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter. PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a CWS Service Provider Letter is not required. ® SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,a Sign Code Exception application may be filed for Director's review. 11. Non-residential developments within the C-G zone shall meet the sign requirements for the commercial zones, 18.780.130C. CITY OF TTG ARD Pre-Application Conference Notes Page 4 of 7 NON-Residential Application/Planning Division Section Z URBAN FORESTRY PLAN (Refer to Code Section 18.790.030.0 and the "Tree Canopy Requirements" Brochure) AN URBAN FORESTRY PLAN IS REQUIRED FOR THE FOLLWING TYPES OF DEVELOPMENT: Conditional Use (Type III);Downtown Design Review(Type II and III);Minor Land Partition (Type II); Planned Development (Type III); Sensitive Lands Review(Type II and III); Site Development Review (Type II); and Subdivision (Type II and III). The plan needs to be prepared by an ISA certified arborist or landscaped architect. An urban forestry plan shall: - Be coordinated and approved by a landscape architect (the project landscape architect) or a person possessing dual certifications as a certified arborist and certified tree risk assessor (the project arborist); - Meet the tree preservation and removal site plan standards in Section 10, part 1 of the Urban Forestry Manual; - Meet the tree canopy site plan standards in Section 10,part 2 of the Urban Forestry Manual; and - Meet the supplemental report standards in Section 10,part 3 of the Urban Forestry Manual. ® PRESERVATION OF EXISTING TREES (Refer to Code Section 18.790.050.C.) To assist in the preservation and/or planting of trees and significant tree groves, the director may apply one or more of the following flexible standards as part of the land use review approval. Use of the flexible standards shall be requested by the project arborist or landscape architect as part of the land use review process. The flexible standards are only applicable to trees that are eligible for credit towards the effective tree canopy cover of the site. Appropriate species of trees in good condition and suitable for preservation receive a 200 percent credit based on their existing canopy area. Refer to Section 11-Part 3 of the Urban Forestry Manual for submittal requirements. ® CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the dear vision area. CODE CHAPTERS ❑ 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.760(Nonconforming Situations) ❑ 18.340(Directors Interpretation) ❑ 18.630(Washington Square Regional Center) ® 18.765(Off-Street Parking/Loading Requirements) ❑ 18.350(Planned Development) ❑ 18.640(Durham Quarry Design Standards) ❑ 18.775(Sensitive Lands Review) ® 18.360(Site Development Review) ® 18.705(Access/Egress/Circulation) a 18.780(Signs) ❑ 18.370(Variances/Adjustments) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.715(Density Computations) ® 18.790(Urban Forestry Plan) ❑ 18.385(Miscellaneous Permits) ❑ 18.720(Design Compatibility Standards) ® 18.795(Visual Clearance Areas) 0 18.390(Decision Making Procedures/Impact Study) ❑ 18.725(Environmental Performance Standards) 0 18.798(Wireless Communication Facilities) ® 18.410(Lot Line Adjustments) ❑ 18.730(Exceptions To Development Standards) ® 18.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) 0 18.740(Historic Overlay) ❑ 18.430(Subdivisions) 0 18.742(Home Occupation Permits) ❑ 18.510(Residential Zoning Districts) ® 18.745(Landscaping&Screening Standards) ® 18.520(Commercial Zoning Districts) 0 18.750(Manufactured/Mobil Home Regulations) 0 18.530(Industrial Zoning Districts) ® 18.755(Mixed Solid Waste/Recycling Storage) CITY OF TIGARD Pre-Application Conference Notes Page 5 of 7 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: See also COT Development Engineering notes. See also TVF&R comments Property consolidation uses the Lot Line Adjustment (LLA) procedure in 18.410 which could be run concurrently with the CUP. Fees for CUP are$6,558;LLA$718; PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. • Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One,81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the TigardHearings Officer. A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NO LES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre-Application Conference Notes Page 6 of 7 NON-Residential Application/Planning Division Section PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: Gary Pagenstecher.Associate Planner CITY OF TIGARD PLANNING DIVISION DIRECT: 503-718-2434 EMAIL: garyp@tigard-or.gov TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard-or.gov CITY OF TIGARD Pre-Application Conference Notes Page 7 of 7 NON-Residential Application/Planning Division Section A •• * h ' sr . . ,. tk -,,e44 _. c. y fit,hs, ks ,t } et 5 Alla ' V— b ~ '711 t , . + > '' P 711 t �,y "^.' �t. '+", it:, III e-.10 Y , lU 1 110 ,,�1 1.1 ll ` \h ''y - y .,.. '. ' v *i y�� , ,r ,fir � ` ;�I . T ,. 1p 7110 ° ,': i. s '' .-.)-11...', li ,* •'..t.,-, K,...041., F.i, i i...,.;id:-,,k14;,,,,, ; Al 0 .1. ''. 11114,. :, , , tilior, gg C\'''':`..-.711;.t...,:,..,..... ' .;:...•.'''.::,.',.". '. af . ,. Y 7 1 , 4 `s s v fir,. 4 - . . ..:7_, �S" � �,x d ..'t 4 �II "'' ;? #,. a i ii "yam — Iil , .. 'It 411' , . ' ' *` ' .- p p �, ri v ..• .v ., , , ,,,...' : .„ , ¢i k Et .X140 !-4°..'1:.'....-::4'.;,m...'-'....-.','.'.'....' '7. ' hj ,X t•1 • w t.- :Ti..--, ,:tt,„ • • 5 " A ih v.a u. - 698 ., 6958 h rn' - +.` • x,+.. +,• F \ { "..t:.'!` 4 7150 715 '''''r.::.,.i.\„ .'''-:- �_ , Feetr . NA , 54 4 k x TDT Estimate Thornton Recovery Centers 4/28/2016 6996 & 7000 SW Varns St., 25101DA01900 AMS TDT RATES EFFECTIVE 7/1/15 TSDC CITYWIDE&TSDT RT OVERLAY RATES EFFECTIVE 7/1/15 INSIDE RIVER TERRACE O Yes Project is in River Terrace ? ® No Former Use Rate Type Use# ITE Code # Units Rate TDT Amount Description TDT 1 710 3.33 $8,515 $28,355 Law Office, 6995 Varns TDT 2 710 6.98 $8,515 $59,443 Law Office, 7000 Varns TSDC-Imp 1 0.00 $0 TSDC-Reim 1 0.00 $0 TSDC-RT 1 0.00 $0 Total TDT and TSDCs Former Uses $87,798 Proposed Use Use# ITE Code # Units Rate TDT Amount Description TDT 1 710 1.11 $28,850 $32,024 Medical Office, 6996 Varns TDT 1 620 9.00 $1,099 $9,891 Nursing Home,6996 Varns TDT 2 710 2.33 $28,850 $67,134 Medical Office, 7000 Varns TDT 2 620 10.00 $1,099 $10,990 Nursing Home,7000 Varns TSDC-Reim 1 $312 $0 TSDC-RT 1 $2,642 $0 TDT 2 $4,853 $0 TSDC-Imp 2 $3,151 $0 TSDC-Reim 2 $182 $0 TSDC-RT 2 $1,541 $0 Total All TDTs&TSDCs Proposed Uses $120,038 Less: Total All TDTs&TSDCs Former Uses $87,798 Total All TDTs&TSDCs Net Increase $32,240 Less: 75%redevelopment discount on existing 6981sf: $14,010.55 Net TDT Increase: $18,230 Net TDT Due. TDT Target Recovery Rate 28.0% Estimated Total Impact $115,144 Estimated Unmitigated Impact $96,914 TDT=County Transportation Development Tax TSDC Citywide=City of Tigard Transportation System Development Tax(TSDC-Imp&TSDC-Reim) TSDC RT=River Terrace Transportation System Development Tax Overlay Parks Estimate Thornton Recovery Centers 4/28/2016 6996 & 7000 SW Varns St., 25101DA01900 AMS ALL PARKS RATES EFFECTIVE 7/1/15 O Yes Project is in River Terrace ? O No Note:All Neigh-Imp#Units entries=0 if project is in River Terrace; All Neigh-RT#Units entries=0 if project is elsewhere in the city. Former Use Rate Type Use# ITE Code #Units Rate Parks Amount Description Parks-Imp 1 17.20 $367 $6,312 Law Office Parks-Reim 1 17.20 $66 $1,135 Law Office Neigh-Imp 1 17.20 $0 $0 Law Office Neigh-RT 1 $1,953 $0 2 $0 Total Parks Former Use $7,448 Proposed Use Use# ITE Code #Units Rate Parks Amount Description Parks-Imp 1 5.73 $367 $2,103 Medical Office Parks-Reim 1 5.73 $66 $378 Medical Office Neigh-Imp 1 5.73 $0 $0 Medical Office Neigh-RT 1 $0 $0 Parks-Imp 2 13.80 $367 $5,065 Hospital Parks-Reim 2 13.80 $66 $911 Hospital Neigh-Imp 2 13.80 $0 $0 Hospital Neigh-RT 2 $0 $0 Parks-Imp 3 $3,198 $0 Parks-Reim 3 $753 $0 Neigh-Imp 3 $1,186 $0 Neigh-RT 3 $1,470 $0 Total Parks Outside RT Proposed Uses $8,456 Less: Total Parks Outside RT Former Uses $7,448 Total All Parks Outside RT Net Increase $1,009 Prior Use: Law Office= 600sf/EE; 10,311/600=17.2 EEs. Proposed: Medical Office= 600sf/EE= 3437/600=5.73 EEs. Hospital-500sf/EE= 6874/500= 13.8 EEs. Parks-Imp= Parks Improvement, Citywide including River Terrace Parks-Reim = Parks Reimbursement, Citywide including River Terrace Neigh-Imp= Neighborhood Parks Improvement Outside River Terrace Neigh-RT= Neighborhood Parks Improvement Inside River Terrace City of Tigard _• IIIIw COMMUNITY DEVELOPMENT DEPARTMENT Pre-Application Conference Request i , , � _TIGARD PROJECT DESCRIPTION REQUIRED SUBMITTAL Project name/title: IIN.vr„ - -c.1v1.ri Le..4tc-s yia;:/,•‘s.: ( wI ELEMENTS Please write a brief description of proposed project: • (Note: applications will not be accepted without the required submittal elements) C cl nv-tr-4- b i."-. 1 kriss. - i (iv-cvd,u4 I hul ca# cea A it me -�7 - S hsr4 -- ,r.. nye - , 1,..L lkt. 5 COPIES OF EACH OF THE c., ek a :,4 v.- fast. , wa;,,i1 hz ws - c.e-(i1 cam...). FOLLOWING: i"1,at � h'ur., , #,-ht,4 (a--Zl Ar , "La i,',�„-1 111 Brief description of the proposal and Q ( any site-specific questions/issues that you would like to have staff research prior to the meeting PROPERTY INFORMATION EllSite Plan.The site plan must show the Property address/location(s): (ot.a t L.— J YYa S iJ VA- its 64-. proposed lots and/or building layouts _�` 1 O� � _� drawn to scale. Also,show the G location of the subject property in relation to the nearest streets;and the Tax map and tax lot #(s): °L„S 1 0 \ -o I ci 0 t7 locations of driveways on the subject Zoning: Cin."0,-ex-7-.1, _ -eatproperty and across the street. ❑ Vicinity Map. PROPERTY OWNER/HOLDER INFORMATION ❑ The Proposed Uses. !V�. V Name(s): A 0.-L ❑ Topographic Information. izi -A �i�\ _ t*( k Include Contour Lines if Possible. Address: lauo S►f ferns `A, Phone: ❑ Filing Fee. City/state: \4'30,4 A 6k Zip: °I.1-D1)-3 APPLICANT INFORMATION 1 O sTAI F t St oyl_) Name: -.....-N.o rti•�n."- 12-0&t,evi,41 Cc d 'Ll.c- Case No.: PR f,)0i(0 -- 0 0036 Address: 15-66 S6.1—'0%4, St-. Phone:— , -i-3'(-+3`3 Related Case No.(s): City/state: Vora , ht Zip: 1-4-h1— Application fee: /-1( e 't)`-'' Contact person: '30\ gw4e-- Application accepted: Phone:(§A .3q-3-313 Email: jeAw, + in)-c- 0Iw4 ,A-La.,-. 1:4l -lb By: / Date: Pre-application Conference Information . I c,, Date of pre-app:,. All of the information identified on this form is required and must be Time of pre-app: 7/9-M submitted to the Planning Division a minimum of ten (10) days prior to officially scheduling a pre-application conference. Pre-application Planner assigned to pre-app: conferences are one (1) hour long and are typically held between the ,ACURPLN\Masters\Land Use Applications Rev.01/06/2015 hours of 9-11 a.m. on either Tuesday or Thursday mornings. Pre-application conferences must be scheduled in person at the Community Development counter from 8-4:30 p.m. Monday—Thursday.If more than four(4)people are expected to attend the pre-application conference in your group, please inform the city in advance so that alternate room arrangements can be made to accommodate the group. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 1 My name is John Thornton. I would like to determine if I can start a business at a location I secured in Tigard. The property in question consists of two buildings located at 7000 and 6996 SW Varns St. They are zoned Commercial-Professional. I believe this zone is well suited for my business needs and appropriate according to the"Commercial Zoning Districts"descriptors and guidelines. The intended use of this property would be a medical center,which the use table 18.520.1 indicates as "conditional" use. I now have an understanding of the process and timeline, leading to an eventual meeting with a hearings officer who must approve the use. The following is a summary from our business plan Level of care:Sub-acute(partially secured, inpatient) integrated mental health and addiction medicine Program goal:Provide brief inpatient treatment that will prevent patients from entering higher levels of care for mental health or substance use disorders. Rapidly stabilize patients and return them to home environment with continued support until they are fully engaged in outpatient treatment. Length of Stay:7-21 days of residential based on acuity and needs.Continuing care would include video conference therapy and support for up to 3 weeks post discharge to create a bridge to outpatient treatment. Target population:Adults of all ages with mental health and substance use disorders that are too acute to be successful in outpatient treatment due to instability in their living environment and need a 24/7 care environment to stabilize.Special programming to engage with young adults with opioid and methamphetamine addiction. Treatment Philosophy:Trauma Informed Care,Sanctuary Model,that fosters a therapeutic milieu for community based treatment.There is high emphasis on building a therapeutic alliance between patients and the staff treatment team to increase engagement and retention in the program. Interventions are focused on stabilizing mental health and substance use disorders through evidence based practices such as dialectical behavioral therapy and structured relapse prevention to build skills for emotional regulation and interpersonal effectiveness. Staffing:The clinical team of therapists, milieu counselors,nurse practitioners, RN's,and medical director(psychiatrist),are experts in mental health and addiction treatment with a specialty in working with young adults and families. Discharge Planning:Starts immediately upon admission with the patient's primary therapist assisting in involving family members and community supports as well as resources for continuing care. Continuing care:Post discharge video and phone support to prevent entry/re-entry to ED or other higher levels of care. Program will assist patient in engaging in outpatient and community resources to prevent relapse and de-stabilization. Our facility would be distinctly"medical"and would not resemble"group living"or"transitional housing" (both disqualifiers in C-P zones)in several important ways. The short duration of stay,24/7 clinical oversight,secure setting(with locked doors, privacy fencing)and our"trauma informed" model of care will ensure safety, low traffic,and maintain a tranquil environment. While group living and transitional housing may raise concerns regarding safety, noise,and traffic,our medical facility would not experience these issues. Our patients would check themselves in to our facility after an admissions process is completed by phone. They would not leave the property until discharge. Scheduled discharges would occur during business hours. Unscheduled discharges(someone checking themselves out)would require a safety protocol and mode of transportation. I have reached out to an architect who would work with us to ensure a build out would be safe,secure, and optimally therapeutic. Patients would not present a risk to its neighbors or to the community. Our team of clinicians have worked in these settings for a very long time and will present testimony/data at the appropriate time to substantiate that claim. To provide the best care to our patients, physical space is critically important. Individuals in our community suffering from trauma,depression,anxiety,dependence need a setting that is serene and calm,and quiet. We feel like this location is a very good fit. Thank you for consideration, John Thornton PP/1) _ 6_, 9 9 -- $ 3 3 t S�v ( b a J r=. ��., ) -706 (^) did/ `4 6996 SW Varns - Main Level , c ) 11 1 1 1 - , - Office Office Office Office Office Office WIG Lobby Office Office Office Utility WIG , Office Office Office Office Office Office Office Main Upper W. �r l attA Cy ' f r 1",11,1K.....\SI, -1 ( O.Ix *air rxr rxr DOW' rxr y 1 6 L ..d , rxr ..-_ rxr 33 rxr rxr O j + < 7 L_ • • �' —.ar- t p I r« rxr k. EV �r I 111-71,711 s Ti rx! y ll ��l lir ip i. , IL o 'XIV=====. 11 1 y�y.21:0i-7; SCALE: a4' . 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LOT 4 ii ]] ¢ 0.p0 23 74 r , 1x».00. 2S 1 01 DA 1 1/2 httos://drive.google.com/drivelmy-cirive ADDITIONAL DOCUMENTS • A A SITE PLAN GENERAL NOTES ,<t,'41) :14;5, A REMOVE(E)TRASH ENCLOSURE AND ABANDON(2) 1.EXISTING PARKING LOT LIGHTING TO BE INSPECTED,REPAIRED AND/OR UPGRADED AS NEEDED TO MEET SITE PARKING SPACES FOR NEW TRASH AND RECYCLING EGRESS REQUIREMENTS. II'II R.SURD 0 MI ENCLOSURE AS SHOWN.ENCLOSURE TO BE CEDAR IMI ® - - - CONSTRUCTION TO MATCH(N)FENCING ON SITE. 2.ANY WALL PACK LIGHTING PROVIDED TO BE SHIELDED. • -— b'-0'HIGH MIN. 3RLGCPI �� 3.THE RUNNING SLOPE OF WALKING SURFACES SHALL NOT BE STEEPER THAN 1:20.THE CROSS SLOPE OFA �. iip34 `. -- _ F • g —IO2-121 -- - - -- -- - -- dl, -- ------� -- WALKING SURFACE SHALL NOT BE STEEPER THAN 1.68 '�J•C OF O��C' __ 2 0 4.PARKING SPACES AND ACCESS AISLES SHALL HAVE A SURFACE SLOPES NOT STEEPER THAN 1.50(2%)PER 18C. m.1 _.. 1. IIID _--- _ --,r- [ ® �, ev oo1 \7 ,/ 5.ALL WALL MOUNTED UTILITIES AND ASSOCIATED EQUIPMENT SHALL RE PAINTED TO MATCH ADJACENT PERMIT SET '® 132-031- : -1 \—.l 4 1�`\ BUILDING COLOR. 19'-0° I \ I:9 N - I I V r_ x I I_ \A/ S� I r b \ b VI o E p 126-o1 2s-o" Bs'-D'uole'-6"WIDE 1 21.-VSITE PLAN LEGEND 1...- 0 c? G -o-102-14, SPACES _-_--- _ E n A EXISTING (X2.12, Q (NOTE:SEE AO SHEETS FOR ADDITIONAL GENERAL LEGEND INFORMATION) V BUILDING 0216 ° D J. ® OBJECT/PATTERN DESCRIPTION(S1 uJ 1 8 EXISTING �Q a / 26'9" B ---FS- (N)WHEEL STOPS , __-_ g (E)EDGE OF PAVING / -PROPERTY LINEI in c'S .,,'4 BUILDING e _ VEHICULAR -SETBACKLINES a ---�- OVERHANG A 4.- .= 24I-0•(3)8'-0"W 34'-0'(4)8.-6"W .7.' -ROOF OUTLINE '� 0 • COMPACT SPACES SPACES . /�. >[� g L FEc: / —z—z—z— -FENCE LINE '•\ 15 1 53.25, 102-12J / �� --W-- -WATER LINE -,` -43--- _—-- 02-111 Q. \Cgail 41111 mi -—FS—— -FIRE SERVICE LINE `\/ EXISTING SHED I I Q(, ��. '' O 32-01 I ""-/"A�'^ �\ ——ST—— -STORM SEWER LINE 411 lia 1 �•0• .it.: 1 MEI \ 32-01 ,, .��0� -BUILDING FOOTPRINT • (� EMI • ‘ ...___.,......____:_r:1-----„..0" I p\ • "J V" I. n ®' .i V i /�Q� -PROPERTY DATUM POINT �I s 15'-6" \\\��A.Vo.. NN� I I I .....,..--102-111 / VFH -FIRE HYDRANT \S~v ALIGN W/NORTH 64 I 32-01 '7. A I WALL OF SHED •0 , - I '.44)T-7"WIDE COMPACT / 8 32-03 PARKING A o-b -IN)POLE LIGHT �F « isP // EGRESS NOTES(WEST GATE ONLY)' 1.PROVIDE EXIT SIGN ON GATE. ELECTRICAL CONDUIT TO DOOR PROPOSED SAFE DISPERSAI AREA 0 p STRIKE(WEST GATE ONLY AREA REQUIRED PER PERSON:LOAD:TOTAL EILDG.00CUPANT 5 SQ.FT. N 65A, 88.471 2 BY EXTERNALOURCE,WHICH SHALL PROVIDED CONNEICTC DTO FIRE AOOR ILARM KE, • KEYNOTE LEGEND TOTAL AREA REQUIRED: 325 SQ.FT. AN INTENSITY OF NOT LESS THAN 5 (WEST GATE ONLYZ TOTAL AREA PROVIDED: 435 SQ.FT. MI FOOTCANDLES.(°SSC 1011.6.2) 02-11 EXISTING ASPHALT SURFACE • NOTCH POST AS REQ'D IN 02-12 EXISTING DECK MAINTAINED PATH TO SAFE DISPERSAL AREA 3.ILLUMINATION TO CONTINUE FOR NOT LESS FRONT OF DOOR STRIKE LU THAN 90 MINUTES IN CASE OF PRIMARY (WEST GATE ONLY 02-13 EXISTING RETAINING WALL POWER LOSS.(GSSG 1011.6.3) 02-14 EXISTING CONCRETE SIDEWALK W a. O (3)BUTT HINGES 02-16 EXISTING BIKE RACK TO REMAIN /\ p O SITE PLAN A.) P.T.2,46 PERIMETER 21-02 FIRE DEPARTMENT CONNECTION IN VAULT 26-01 EMERGENCY GENERATOR O <0 GATE FRAME,TVP. Q SCALE: 1"=20'-0" EXTERIOR SIDE PULL HANDLE 32-01 FENCING,SEE SITE DETAILS ( 1- 32-03 NEW GATE,SEE SITE DETAILS '\1/' ...1111=111111.41;11'n'!"-- - V 32-04 NEW PARKING PAINT STRIPES LLJ LJ J • '� iii ii i i i_ i SOUD BLK'G. E Z 1r COURTYARD SIDE PUSH PLATEi MECHANICAL LOCK O0 O t1 — I (KEY ACTUATES LATCH o N FROM BOTH SIDES) 0 o ACCESSIBLE SIGN AT 7'MIS. FENCE POST ALL ACCESSIBLE STALLS --j o EXISTING A AREA OF SIGN TO BE Q MIN.703Q.IN. -O 0 TYPICAL CEDAR GATE DETAIL it P RELECTORIZED ALUMINUM UNAUTHORIZED VEHICLES ,p BUILDING PARKED IN DESIGNATED SCALE: 1 1/2"=1'-O" (J SIGN WITH BEADED TEXT OR A r`(`}/�_ / WHITE LETTERING WITHEQUAL BLUE FIELD _ HANDICAPPED O STI NOES HOT 3x10x10 POST CAP \\ DISPLAYING DISTINGUISHING PLACARDS OR LICENSE PLATES L--F5_- - SIGN TO BE CENTERED AT ISSUED FOR PHYSICALLY I f_ SIMPSON FB26 INTERIOR END OF PARKING STALL DISABLED PERSONS MAY BE z 1 BRACKET O 2x6 RAILS EXISTING LANDSCAPE AREA PARKING WITH D.M.V. �•x TOWED AWAY AT OWNERS S I 1111111111 DISABLED PERMT ONLY HEIGHT-MOUNT TO MATCH EXPENSE. N ,•' 2z6 P.T.STRINGER A VAN ACCESSIBLE PARKING VIOLATORS SUBJECT TO ..1.1 Milli IEXTERI°R SIDE ONLY)-------- ' SIGN COMPLYING WITH EXISTING(SHALL BE CLEARLY TOWED VEHICLES MAY BE �" •".^r, o ®:: BRACKN FB24Z BETWO 1/2 OUSC1106.7.2 ANDTOFINING UP TOR ORS811.620VISIBLE TO SOMEONE PARKING) RECWMED AT 'II' 441 L /2"MAX. EXISTING ZERO CURB AND FINE UP TO 3470 UNDER -I • _ 'Ili" BRACKET02x4 RAILS 811.615 WARNING SIGN SHALL BE POSTED (address) Date048052017 RK)R FIN. SIDEWALK IN A CONSPICUOUS PLACE AT 1 FBOARDS ANDS \ l PARKINGLOTENTRARNCE(BIANK OR BY IEL��HONNO J Ra, : N I INTERIOR FACE OF EXISTING UGHT POLE SPACES ARE TO BE FILLED IN WITH / Ovlpt Cit N : _ ® 11/1111111 1x6 FENCE PANELS POSTS,TYP. ACCESSIBLE PARKING SIGN \ APPROPRIATE INFORMATION AS)A / z Response ro City 5/31/17 MI I (ALTERNATING 1'IAP) COMPLYING WITH OSSC PERMANENT PART OF THE SIGN 3 A ki8/25/17 III S��I 1106.7.2 1 PROVIDE ONLY AT VAN O O CO �III' 2.4 P.T.STRINGER VAN ACCESSIBLE ACCESSIBLE STALLS I °' /L� (EXTERIOR SIDE ONLY I O I �� MIN.1-1/2'DLI.PIPE SET IN CONCRETE a I 1111111111111111111111:::.L16... EXTERIOR COURTYARD ____L= 1 6'X12'DEEP MIA.-GALVANIZED(7YP.) �' - N ��III SIDE SIDE , 1 F—PROVIDE'WHEELCHAIR USER �1� o O bx6 HF 11 P.T.POSTS T� 4 ( J ONLY'SIGN AT ALL VAN STALLS 4LO6'-0.O.C.•TYP. ACCESSIBLE YI ROUTE TO uI STRINGER(EXTERIOR CONCRETE WHEEL STOP / fI SIDE ONLY BUILDING WHERE REQUIRED O .L', I• - II.. •, • -'. >� • .• • - '•�� i.i 1- FINISHED GRADE &O AT PARKING STALLS:SYMBOL SHALL HAVE BLUE BACKGROUND EQUAL TO COLOR 1 INTERNATIONAL SYMBOL -5 150901NFEDERAL STD.595AWfTH'HIGHWAV'WHITE FOREGROUND QCOArn SITE PLAN L • �� OF ACCESSIBILITY PER ICC - SYMBOL SHALL MEASURE 3'-0'SQUARE.EMBLEM MUST BE LOCATED IN STALL SO \ ,\ j.` �' A117.1502.7,TYP of THAT fT IS VISIBLE TO A TRAFFIC ENFORCEMENT OFFICER WHEN VEHICLE IS (4)7-7'WIDE COMPACT / CONCRETE FOOTING `` ACCESSIBLE PARKING '�� PROPERLY PARKED IN THE SPACE ''''''41:-'1 11111 PARKING\ Y 3"MIN. qpo� SPACES PER°SSC 1106.7 \ �n ALL SIDES,TYP. CRUSHED ROCK 6. 'S� AAND ICC ANSI A117.1 CCESSIBLE ION CHAPTER ACCESSIBLE PARKING SIGNAGE s\ it,FIGURES 2-6&10 \ . 9.-0^ e'-0" 9'-0" 2 SCALE: 1 1/2" A1 .00 A A 0 ENLARGED SITE PLAN /�TYPICALCEDAROACCESSIBLEPARKING NORTH BUILDING (BLDG. A) SCALE: 1"—10'-0" SCALE: 1/2"=1'-0" SCALE: 1/8"=1'-0" 'iL' V' rtr i (-'7-i7 - - r- › 8 etricie:ro:54,60er I(� - - �� — - - -- r— ' - - - - - - — k Y - t M , ea .O, O. O. 02-12 I K ' ,� ' b. 2 s rem,- 02-13f �.. 32-03 f ± 19'-0" -1 I III - . U LL WEST GATE O I 126-01 (EMERGENCY EXIT) 3EXISTING EC UJ IBUILDING 26'-9" B - — — FS - EXISTING �,+ 114 BUILDING _T,_ A i p,n h I ', E [c i u_ FEC t,,,e 53.25' 02-12 I I L EXISTING SHED O 32-01 I Im �t�.,• O 41 4,. I NE I R50,-o N �L / u_ 21 02 t N N 1 1 t 435 SF I `�' 4. ± 57'-7" (VFY.) ..•� I _o ' 32-0, SA 1i l- �/ ALIGN W/ NORTH 6J %/ I = c2-01 I WALL OF SHED a/ °> ` (4)7'-7" WIDE COMPACT 32-03 PARKING / �I EAST GATE (NOT AN EXIT) �� p SEE SAFE DISPERSAL AREA PROPOSED SAFE DISPERSAL AREA ON AT LEFT TOTAL BLDG.00CUPANT LOAD: 65 - - - - p p AREA REQUIRED PER PERSON: 5 SQ. FT. / 88.47 TOTAL AREA REQUIRED: 325 SQ. FT. TOTAL AREA PROVIDED: 435 SQ. FT. 02-11 MAINTAINED PATH TO SAFE DISPERSAL AREA 13 3 SITE PLAN SCALE: 1 " = 20'-0" 2.c . 7CITY OF TIGARD RECEIPT i = 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 T f(;,1RI) Receipt Number: 411129 - 06/12/2017 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID CUP2016-00004 Inventory Fee-Open Grown Tree-1st 100-0000-43116 $154.00 CUP2016-00004 Inventory Fee-Open Grown Tree-each 100-0000-43116 $364.00 add! Total: $518.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1086 BTAGGART 06/12/2017 $518.00 Payor: Madrona Recovery Center Inc. Total Payments: $518.00 Balance Due: $0.00 Page 1 of 1 LACE;675 Gok)De07?az,) 2.A . P* R* 1 *D* E DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 Phone: (503) 625-6177 Fax: (503) 625-6179 November 8,2017 John Thornton Madrona Recovery Re: 7000 SW Varns St Tigard, OR We have reviewed the site plan for the above mentioned project. The site plan shows 1 enclosure on the property measuring 10' deep and 20' wide,which allows for straight on access of 54'. The other details on the site plan are not shown. These requirements will need to be met to ensure our access: • The gates need to be hinged in front of the enclosure walls to allow for the full 20' width.This will also allow for the 120 degree opening angle that is required. • No center post at the gate access point. • The gates need cane bolts and holes put in place for the gates to be locked in the open and closed position. The holes for the gates to be held open need to be at the full 120 degree opening angle. • There must be 54' of unobstructed access to the front of the enclosure(no parking island,parked vehicles, light pole,buildings,etc.) If you have any questions, feel free to contact me. Sincerely, Kristen Tabscott Pride Disposal Co. (503)625-6177 • Sii"CLAN C,FNIPA,ts0,1"C '',,' 0 4 .,,,,' „ - --,..1 ' 7-,''-•:,..,EN , ,,:'..:?,.. ,-,<„„ EXISiltrG r, - 1 EXISIING BUILDING- -T-"-------------'-"Z,-;„ '.'i. .= --f - „I z? : „<,- ..- --„T-ITT",-"-TE"- BUILDING"::- '- "I., - -4 --<---." „ < , _ -_ „.. Or V t- -" „,,- ,,<T"-,C,,,:- - ilk/,-co,E --'-' „<y - - '; , :"'''' ,T*-- '11L'' ,,:p ,-/--L ip - .., .' +-, . ' ,- tCt.lbelicbat,,,,cat..P. r,,,ANC_CCC.LECrEN2.. —4( , ,,.,,,,;,,,,, ,,.. .,- --„,,,,,.,.---- - , _ - -.,,, .- ,,-, ,, -- - its Lu z, 0 7', n,'•:.:.rr.C5 •-•--;;',".-4,:i"-",','',.,"1,,,,,, — ' 1 eril--- pv----- ....,. z u, - * ..-+ -:1,'-„ExisTINGik,; i0-10,,,,,_CE.CAR,,VCCE DE-M. „„-J7.,,,,--, ,,..., I 1 - ,, BUILDING.7"„ .. , ---, 4 - ---- - , ..1.5 „_,,.., .:'-'`II ', :;. s. ,,r`fc---- ,.„. 1 , - ---,-- _„... I ....- . . „„. g — -.- -aild ,,4•''''''-‘''''' ' ".' ''' C;AZ,1 <', -71---- FIENIM1 J ' 4111 4,1.'''''''.--'1J-:-- ,wiri r r'--• '...i.;,,,,.--;,...:,,".-..1,, I r.;.•'t, '1 I ''''' ''''' ' ''"”' 4 L,,,,,,_______„, -, ,--,,, k mil ,._._- 7,., rA ....„,...„....,....„..,. .—,... ..t.„...,,„,,, ild .--„:„. 74--st,,,„.... 1„,,11 . .._,,,... id'zit T..,.- ,..„., , ,,- . - v. l'.„ :5,*.41tple. '''''''' .r41'' . . --- ;,-- C KIM,S,,,N V.,E ,-,, ':41 MO° r", ?"--."-:"' Y"",Es t, - s-s,I.AN .....t." 4 ;'' , ,, s :74. A1.00 r) ;‘, IC ,I".4"'OM FF VCE DC,C., /':;-:T r, ' NORTH BUILDING(BLDG.A) 32-01 02-12 zCT" :it, o _ u. 0 a - , ,,\ M o p 32-03 --Ir...)--- , '--='="- EXISTING BUILDING B EXISTING BUILDING U _ A FEC 0 w w Gary Pagenstecher From: John Thornton <johntfuture@gmail.com> Sent: Monday, November 13, 2017 10:32 AM To: Gary Pagenstecher Subject: Madrona fence Hi Gary, The fence line meets the ground now that grasses are in place. Pictures are of both sides of the West fence. Thanks • , f its iii ♦' e b i -. fir- a t 4 .;: ,, 0 At ♦ � _ '* it x 1 • y.. a Ix t _ . _�... -.ate _._..._.� 1 • t ^ a. "'�'""d . . Ai 44-ii • .4. ----,-;- -- --.. .-. ---,:.--„;„,:„. , ..,. 1 . t , f ,4.4 t , -' ' a 1, . _. w _ _ a r X • ;+ a7-'' -_._ �x..,..-- .. . ..„ .______ ------ - ,,, -r,i-, ,,,,4‘,1 , '- :T' 1'.- '.'' . '11,, '' ' .�. Y Sent from my iPhone 2 gel - 6,2bi7 ACKNOWLEDGEMENT OF RISK AND HOLD HARMLESS AGREEMENT 1. PARTIES This Acknowledgement of Risk and Hold Harmless Agreement("Agreement")is between Madrona Recovery Center, ("Owner") and the City of Tigard(the"City"). 2. PURPOSE OF AGREEMENT The purpose of this Agreement is to identify the terms and conditions under which the City will agree to issue a partial building permit for a proposed medical office use located at 6996 and 7000 SW Yarns St., Tigard, Oregon(the"Property"), and referred to herein as the"Project." Owner has requested that the City issue the following permits and conduct the following reviews(collectively,the"Permits"): A. PLM2017-00154 and PLM2017-00155,Plumbing B. SWR2017-00144 and SWR2017-00145, Sewer C. BUP2017-00092 and BUP2017-00084,Building Owner desires to proceed with construction associated with the Permits based on City's Final Order CUP 2016-00004,VAR 2016-00004, and City Council Resolution No. 17-20 (the"Decision"), notwithstanding the appeal of this decision to the Land Use Board of Appeals ("LUBA"). The City is willing to allow the Owner to perform the work associated with the Permits prior to LUBA's decision on this case as long as all work done is consistent with the approved Permits,the Decision, and pursuant to the terms of this Agreement. 3. ADDITIONAL CONDITIONS In addition to all other conditions stated in this Agreement and required by law, Owner agrees to the following: A. The Owner acknowledges that LUBA may reverse or remand the Decision and that Owner shall be responsible for any and all modifications, revisions, corrections,resubmittals, or reconstruction in order to comply with LUBA's decision or the City's decision on remand. B. The Owner acknowledges that the issuance of the Permits is based on the conditions set forth in this Agreement. The Owner shall be responsible for correcting any and all deficiencies in work conducted on the Project in reliance on the Permits or changes required by the City as part of the City's inspection process. C. The Owner acknowledges that the City cannot guarantee that the Decision will be affirmed,nor can the City guarantee that any such approval will meet the construction schedule for the Project. The Owner further acknowledges that any work done pursuant to the Permits shall be subject Page 1 of 4 to a stop work order posting,penalties, and any other legal remedies available to the City to enforce any stop work orders issued on the Project. 5. EFFECTIVE PERIOD This Agreement will be effective upon execution by both parties and will remain in effect until all appeals have concluded and all timelines for any future appeals have expired ("Effective Period"). 6. NON-TRANSFERABILITY This Agreement is between City and Owner and is not transferable to any other party. In the event Owner sells,transfers, leases or otherwise conveys any interest or right of possession in Property,this Agreement shall terminate automatically. 7. ACKNOWLEDGEMENT OF RISK A. Owner understands that by allowing construction to commence on the Property pending the appeal of the Decision to LUBA, the City's review and approval of the final plans may result in Owner being required to change or remove the work done during the Effective Period. B. Owner understands that construction work must be consistent with the plans submitted to the City, or any changes to the plans the City requires as the review proceeds that the City determines are necessary to bring the Project into compliance with applicable building code and zoning requirements. C. The City reserves the right during the Effective Period to stop work if: (1) Owner fails to provide sufficient information necessary for City staff to determine consistency with applicable building codes and zoning requirements to the City within five (5)business days of a request by the City; (2) if the City determines the plans are inconsistent with applicable building code or zoning requirements; or(3)if construction that takes place within the Effective Period is inconsistent with the plans submitted to the City and/or applicable building code and zoning requirements. D. Nothing in this Agreement limits the City's authority or ability to issue a stop work order if the City identifies violations of building code and/or zoning requirements involving construction on the Property. E. Owner agrees that any expenditures or construction Owner undertakes during the Effective Period are undertaken at Owner's sole risk and expense. F. Owner agrees not to assert any claims whatsoever against the City arising out of expenditures or construction Owner undertakes during the Effective Period. Page 2 of 4 G. Owner agrees that failure to comply with any of the terms or conditions set forth in paragraphs A through F, above,may result in the initiation of code enforcement proceedings. 8. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT A. Owner agrees to hold harmless, defend, and indemnify the City and the City's officers, agents, officials, and employees against all claims, demands, actions, and suits,including all reasonable attorneys' fees and costs, brought against any of them arising from allowing construction on the Property to proceed during the Effective Period. B. Owner hereby expressly assumes all risk of damage to Property, and loss or impairment of the use and enjoyment thereof, and including all risk of personal injury or death, and including loss of any and all expedintures in any manner arising out of or attributable to allowing construction on the Property to proceed during the Effective Period. C. Further, in the event an action is brought contrary to this Agreement and a court of law upholds this Agreement, Owner agrees to pay all reasonable costs and attorneys' fees incurred by the City including any reasonable costs and fees associated with appeals. 9. REMEDIES Owner agrees that in the event that the construction work must be removed, altered or otherwise changed, it will be removed, altered, or changed within sixty (60) days after the date permits are withdrawn or required to be revised by the City. Further, Owner agrees that in the event the construction work is not removed, altered, or otherwise changed, it is a nuisance and may be removed by the City, and the cost of removal, including all direct and indirect costs, will become a lien against the property. In the event the costs are not paid by the Owner to the City after entry of the lien, the City may foreclose against the Property at such time as it elects to do so, if the costs remain unpaid. 10. OREGON LAW AND FORUM This Agreement shall be construed according to the laws of the State of Oregon even if Oregon's choice of law rules otherwise would require application of the law of a different jurisdiction. Any litigation arising under or regarding this Agreement shall occur, if in the state courts, in the Washington County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the District of Oregon, Portland Division. Any arbitration or other form of alternative dispute resolution arising out of this Agreement shall take place in an appropriate forum within Portland, Oregon. Page 3 of 4 11. SEVERABILITY Each provision of this Agreement shall be independent and severable. The invalidity or partial invalidity of any provision thereof shall not affect any of the remaining portions of that or any other provision of this Agreement. In Witness Whereof,this Agreement has been duly executed on , 2017. OWNER CITY Madrona City of Tigard By: c--, / By: Na e: �i o h r. 11^.0/._-k-a Name: Z I 1 OS- Title: ?c€ ,G(-e-r.T Title: eoN*Wat, 01, pi4kLty4. Date: Si261I7- Date: L/05/r1 STATE OF OREGON ) ) ss. County of Wl J 1 TN )- This instrument was acknowledged before me on rv1 i -'f "-G ,2017, by7S0 L„ Yai k.7 v,jrvriW as P iiiy,`L J of Madrona. 11"--t- 9 eN NOTARY PUBLIC FOR OREGON My Commission Expires: 3l, 24' 2,0 ¶ fY'!r OFFICIAL STAMP u ,NABIL AHMAD ,, NOTARY PUBLIC-OREGON COMMISSION NO.940435 MY COMMISSION EXPIRES JULY 20,2019 Page 4 of 4 J W < C Z ¢ XL Zoee Lynn Powers w o 971.634.0215 Q ¢ zpowers@radlerwhite.com N SG June 2, 2017 w I 8 VIA USPS FIRST CLASS MAIL I o oC G Land Use Board of Appeals w ® fl Department of State Lands Building Q 775 Summer Street, NE, Suite 330 O Salem, OR 97301-1283 0 0 RE: LUBA NO. 2017-044 o Second Stipulated Motion to Stay Proceedings—Expedited Decision Requested 0 0 Dear Clerk: 5 Enclosed for filing in LUBA case number 2017-044 is the original and one copy of a Stipulated Motion to Stay Proceedings signed by all parties to the case. C Please let me know if you have any questions. 0 Sincerely, Zoee Lynn Powers Enclosures cc: Parties of Record Client (00678166;1} BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON AUTONOME ASR, LLC, LUBA No. 2017-044 Petitioner, STIPULATED MOTION TO v. STAY PROCEEDINGS CITY OF TIGARD EXPEDITED DECISION REQUESTED Respondent, and MADRONA RECOVERY CENTER INC. Intervenor-Respondent All parties to this proceeding move LUBA to stay the appeal filed in this case. The parties request that LUBA extend or suspend the time limits for all events in the review proceeding until August 18, 2017. The signatures of the parties commence on the following page. This document may be executed in counterparts. {00683422;1} Page 1- STIPULATED MOTION Radler White Parks&Alexander LLP TO STAY PROCEEDINGS 111 SW Columbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 IT IS SO STIPULATED. DATED: June /9, 2017 HATHAWAY KOBACK ONNERS LLP By: ffii4iV E. Michael Connors, OSB # 954956 Attorney for Petitioner DATED: June , 2017 JORDAN RAMIS PC City of Tigard By: Shelby Rihala, OSB # 101461 Attorney for Respondent DATED: June , 2017 RADLER WHITE PARKS & ALEXANDER By: Zoee Lynn Powers,OSB # 144510 Radler White Parks &Alexander LLP 111 SW Columbia Street, Suite 1100 Portland,OR 97201 971-634-0215 Attorney for Intervenor-Respondent {00683422;1) Page 2- STIPULA'1'ED MOTION Radler White Perla&Alexander LLP TO STAY PROCEEDINGS 111 SW Columbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 IT IS SO STIPULATED. DATED: June , 2017 HATHAWAY KOBACK CONNERS LLP By: E. Michael Connors, OSB # 954956 Attorney for Petitioner DATED: June k \ , 2017 JORDAN RAMIS PC City of Tigard By: Shenyi' ihala, OSB # 101461 Attorney for Respondent DATED: June , 2017 RADLER WHITE PARKS & ALEXANDER By: Zoee Lynn Powers,OSB # 144510 Attorney for Intervenor-Respondent 00683422;1} Page 2- STIPULATED MOTION Radler White Parks&Alexander LLP TO STAY PROCEEDINGS 111 SW Columbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 IT IS SO STIPULATED. DATED: June , 2017 HATHAWAY KOBACK CONNERS LLP By: E. Michael Connors, OSB # 954956 Attorney for Petitioner DATED: June , 2017 JORDAN RAMIS PC City of Tigard By: Shelby Rihala, OSB # 101461 Attorney for Respondent DATED: June , 2017 RADLER WHITE PARKS & ALEXANDER i By: Z• - - Ly,.'Po rs,OSB # 144510 ttorney for Intervenor-Respondent {00683422;1} Page 2- STIPULATED MOTION Radler White Parks&Alexander LLP TO STAY PROCEEDINGS 111 SW Colmnbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 CERTIFICATE OF FILING AND SERVICE I hereby certify that on June /Cr , 2017,1 filed the original and one(1) copy ofthis STIPULATED MOTION TO STAY PROCEEDINGS with the Land Use Board ofAppeals via United States Postal Service, first class mail, atthe following address: Land Use Board of Appeals, Department of State Lands Building, 775 Summer Street NE, Suite 330, Salem,Oregon 97301- 1283. I further certify that on June_1 q, 2017,I served a true and correct copy of this STIPULATED MOTION TO STAY PROCEEDINGS by United States Postal Service, first class mail on the following persons at the following addresses: E. Michael Conners, OSB # 954956 City of Tigard Hathaway Koback Connors LLP 13125 SW Hall Blvd. 520 Yamhill St., Suite 235 Tigard, OR 97223 Portland, OR 97204 (503) 639-4171 (503) 205-8401 Respondent Attorneys for Petitioner Shelby Rihala, OSB # 101461 City of Tigard C/o Jordan Ramis PC 2 Centerpointe Dr. 6th Floor Lake Oswego, OR 97035 (503) 598-7070 Attorneys for Respondent DATED: June I I , 2017 RADLER WHITE PARKS & ALEXANDER LLP r By Z Lyn 'owe rs,OSB # 144510 Attorneys for Intervenor-Respondent Radler White Parks&Alexander LLP {00683422;1} Page 3- CERTIFICATE OF SERVICE 111 SW Columbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON AUTONOME ASR, LLC, LUBA No. 2017-044 Petitioner, STIPULATED MOTION TO v. STAY PROCEEDINGS CITY OF TIGARD EXPEDITED DECISION REQUESTED Respondent, and MADRONA RECOVERY CENTER INC. In All parties to this proceeding move LUBA to stay the appeal filed in this case. The parties request that LUBA extend or suspend the time limits for all events in the review proceeding until June 16, 2017. The signatures of the parties commence on the following page. This document may be executed in counterparts. {00677968;1) Page 1- STIPULATED MOTION Radler White Parlu&Alexander LLP TO STAY PROCEEDINGS in SW Columbia Street,Suite'100 Portland,OR 97201 norm:971.634.0200 Fax:971.634.0222 iT IS SO SI IPULATED. DATED: June , 2017 HATHAWAY KOBACK CONNERS LLP By: 6L:Adigadka., iw _v E. Michael Connors, OSB # 954956 Attorney for Petitioner DATED: June 2, 2017 JORDAN RAMIS PC City of Tigard By: D ol5t, ') Shelby Rihala, OSB # 101461 Attorney for Respondent DATED: June Z, 2017 RADLER WHITE PARKS & ALEXANDER By Po : OSB # 144 ' adler White Parks &Alexander LLP 111 SW Columbia Street, Suite 1100 Portland,OR 97201 971-634-0215 Attorney for intervenor-Respondent {00677968;1) Page 2- STIPULATED MOTION Radler While Parks&Alexander LLP TO STAY PROCEEDINGS 111 SW C,olumbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 jr 971.634.0222 CERTIFICATE OF FILING AND SERVICE Thereby certify that on June X, 2017,1 filed the original and one(1) copy of this STIPULATED MOTION TO STAY PROCEEDINGS with the Land Use Board ofAppeals via United States Postal Service,first class mail, atthe following address: Land Use Board of Appeals, Department of State Lands Building, 775 Summer Street NE, Suite 330,Salem,Oregon 97301- 1283. I further certify that on Junee2, 2017, I served a true and correct copy of this STIPULATED MOTION TO STAY PROCEEDLNGS by United States Postal Service, first class mail on the following persons at the following addresses: E. Michael Conners, OSB # 954956 City of Tigard Hathaway Koback Connors LLP 13125 SW Hall Blvd. 520 Yamhill St., Suite 235 Tigard, OR 97223 Portland, OR 97204 (503) 639-4171 (503) 205-8401 Respondent Attorneys for Petitioner Shelby Rihala, OSB # 101461 City of Tigard C/o Jordan Ramis PC 2 Centerpointe Dr. 6th Floor Lake Oswego, OR 97035 (503) 598-7070 Attorneys for Respondent DATED: June aZ, 2017 RADLER WHITE PARKS & ALEXANDER LLP By ..... — "or• - Litilvowerfi SB ::---f 144510 •ttornArs•for Intel en or-Respondent Radler White Parka&Alemander LLP {00677968;1J Page 3- CERTIFICATE OF SERVICE HI SW Columbia Stroct,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0777 r W . zQ Xu Zoee Lynn Powers 971.634.0215 c zpowers@radlerwhite.com May 8, 2017 W I— o VIA USPS FIRST CLASS MAIL • Land Use Board of Appeals W o Department of State Lands Building Q s 775 Summer Street, NE, Suite 330 ce o Salem, OR 97301-1283 0 RE: LUBA NO. 2017-044 0 Motion to Intervene Stipulated Motion to Stay Proceedings—Expedited Decision Requested 0 0 • Dear Clerk: LT, Enclosed for filing in LUBA case number 2017-044 is the original of: (a) the Motion to Intervene, c• filed on behalf of intervenor-respondents, Madrona Recovery Center Inc., an Oregon corporation with an assumed business name of Madrona Recovery; and (b) a Stipulated Motion o• to Stay Proceedings signed by all parties to the case. 0 • Please let me know if you have any questions. Sincerely, oe Lynn P ers Enclosures cc: Parties of Record Client {00666744;1} BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON AUTONOME ASR, LLC, Petitioner, LUBA No. 2017-044 v. MOTION TO INTERVENE CITY OF TIGARD Respondent. I. MADRONA RECOVERY CENTER INC., an Oregon corporation with an assumed business name of MADRONA RECOVERY ("Intervenor-Respondent"), moves to intervene on the side of Respondent City of Tigard, Oregon in the above- captioned appeal. Intervenor-Respondent is represented by Zoee Lynn Powers, Radler White Parks & Alexander LLP, 111 SW Columbia Street, Ste 1100, Portland, OR 97201, zpowers@radlerwhite.com, (971) 634-0215. II. The facts establishing movant's right to intervene are as follows: Intervenor- Respondent was the applicant below and appeared before the City of Tigard both orally and in writing in this matter. See Exhibit A. Consequently, Intervenor- Respondent has standing to intervene under ORS 197.830(7)(b)(A) and OAR 661- {00666482;2} 010-0050(1). This Motion to Intervene is timely under ORS 197.830(7)(a) and OAR 661-010-0050(2) because it has been filed within 21 days of April 27, 2017, the date Petitioner filed the Notice of Intent to Appeal. DATED: May 8, 2017 RADLER WHITE PARKS & ALEXANDER / A By: AO „• e L '�'n Powers,OSB # 144510 Radler White Parks &Alexander LLP 111 SW Columbia Street, Suite 1100 Portland,OR 97201 971-634-0215 Attorneys for Intervenor-Respondent {00666482;2} CERTIFICATE OF FILING I hereby certify that on May 8, 2017, I filed the original of this Motion to Intervene, together with one copy with the Land Use Board of Appeals, DSL Building, 775 Summer Street NE, Suite 330, Salem, Oregon 97301-1283, by certified mail return receipt requested. CERTIFICATE OF SERVICE I further certify that on May 8, 2017, I served a true and correct copy of this Motion to Intervene by United States Postal Service first class mail on the following persons: E. Michael Conners, OSB # 954956 City of Tigard Hathaway Koback Connors LLP 13125 SW Hall Blvd. 520 Yamhill St., Suite 235 Tigard, OR 97223 Portland, OR 97204 (503) 639-4171 (503) 205-8401 Respondent Attorneys for Petitioner Shelby Rihala, OSB # 101461 City of Tigard C/o Jordan Ramis PC 2 Centerpointe Dr. 6th Floor Lake Oswego, OR 97035 (503) 598-7070 Attorneys for Respondent DATED: May 8, 2017 RADLER WHITE PARKS & ALEXANDER LLP By •ee Powers,OSB # 144510 Attorneys for Intervenor-Respondent {00666482;2} BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON AUTONOME ASR, LLC, LUBA No. 2017-044 Petitioner, STIPULATED MOTION TO v. STAY PROCEEDINGS CITY OF TIGARD EXPEDITED DECISION REQUESTED Respondent. All parties to this proceeding move LUBA to stay the appeal filed in this case. The parties request that LUBA extend or suspend the time limits for all events in the review proceeding until June 2, 2017. The signatures of the parties commence on the following page. This document may be executed in counterparts. {00666411;2} Page 1- STIPULATED MOTION Radler White Parks&Alexander LLP TO STAY PROCEEDINGS 111 SW Columbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 ITIS SO STIPULATED. DATED: May , 2017 HATHAWAY KOBACK,CO' RS LLP By: F. +1 E. Michael Connors, OSB # 954956 Attorney for Petitioner DATED: May „ ,,, 2017 JORDAN RAMIS PC City of Tigard By: A Shelby ' ala, OSB # 101461 Attorney for Respondent DATED: May , 2017 RADLER WHITE PARKS & ALEXANDER By: r e L Powers,OSB # 144510 Radler White Parks&Alexander LLP 111 SW Columbia Street, Suite 1100 Portland,OR 97201 971-634-0215 Attorney for Intervenor-Respondent (0066641 1:2) Page 2- STIPULATED MOTION Radler White Parka lk Alexander LLP TO STAY PROCEEDINGS 111 SW Columbia sheet,suite 1100 Portland,OR 97201 Phone:971.631.0200 Fax:971.634.0222 CERTIFICATE OF FILING AND SERVICE I hereby certify that on May , 2017,1 filed the original and one(1) copy ofthis STIPULATED MOTION TO STAY PROCEEDINGS with the Land Use Board ofAppeals via United States Postal Service,first class mail, atthe following address: Land Use Board of Appeals, Department of State Lands Building, 775 Summer Street NE, Suite 330, Salem,Oregon 97301- 1283. I further certify that on May 19, 2017, I served a true and correct copy of this STIPULATED MOTION TO STAY PROCEEDINGS by United States Postal Service, first class mail on the following persons at the following addresses: E. Michael Conners, OSB # 954956 City of Tigard Hathaway Koback Connors LLP 13125 SW Hall Blvd. 520 Yamhill St., Suite 235 Tigard, OR 97223 Portland, OR 97204 (503) 639-4171 (503) 205-8401 Respondent Attorneys for Petitioner Shelby Rihala, OSB # 101461 City of Tigard C/o Jordan Ramis PC 2 Centerpointe Dr. 6th Floor Lake Oswego, OR 97035 (503) 598-7070 Attorneys for Respondent DATED: May g , 2017 RADLER WHITE PARKS & ALEXANDER LLP By .1 A, 0"e nn Po 'ers,OSB # 144510 ttorneys for Intervenor-Respondent Radler White Parks&Alexander LLP {00666411;2} Page 3- CERTIFICATE OF SERVICE 111 SW Columbia Street,Suite 1100 Portland,OR 97201 Phone:971.634.0200 Fax:971.634.0222 IBOWERSOX LAW FIRM P.C. R r ;--EF. a C Jeffrey A.Bowersox Jeffreybowersoxlaw.com CITY`! = TIGAND L3L NMfNGGjE GINFERINC- February 27, 2017 Via Hand Delivery Director City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Notice of Appeal CUP 2016-00004 and VAR 2016-00004 Madrona Recovery Center Greetings: On behalf of property owner Autonome ASR, LLC, I enclose: 1. Notice of Appeal, with its four page "Exhibit 1" to be filed in this matter; and 2. The required filing fee in the amount of$3,372.00. Sinc- -_ 'OWERS 'r ,P.C. y: Jef; 1 o ersox JAB:ms Enclosures Phone:(503)452-5858 6960 SW Vams Street,Suite 200 Website:www.BowersoxLaw.com Fax:(503)345-6893 Portland,OR 97223 RECE \/ -n ? ,, lig City of Tigard i 41 COMMUNITY DEVELOPMENT DEPARTMENT l,!'�Y UFt 71 i ■ I'LJA NN!NG/ENOINcER,N( TIGARD Land Use Decision Appeal Filing Form The City of Tigard supports a citizen's right to participate in local government.The Tigard Community Development Code,therefore, REQUIRED SUBMITTAL ELEMENTS sets out specific requirements for filing appeals on certain land use decisions. [C Filing Fee [X Narrative (address criteria 1$.39U.U40.G.2.a.n.) Property address/location(s): 6996 - 7000 SW Varns Street, Tigard, OR 97223 Case No.(s): Deadline of appeal: February 2 7, 2 0 1 7 neighboringCase Name(s): Interest in proposal (applicant, neighbor, etc.): property owner at 6960 SW Varns Street, Related CaseNo.(s):C.UPZCfLtp (key Appeal fee: ?J 3'7 2- Tigard, Tigard, OR 97223 Date decision final: Autonome ASR, LLC Notice of final decision: Appellant's name: by: Jeffrey Bowersox, Member Business: Commercial-Professional Office Leasing ❑ TypellDirector'sDecisionto 6960 SW Varns Street HO/PC: Address: ❑ Expedited Review(Deposit): Tigard, OR 97223 Cit}/state: zip: HO/PC to City Council: Ph#: 5 03-452-5 8 5 eEmail: jeffrey@bowersoxlaw.com Application accepted: Specific reasons for appeal or review: By. Date:2121 11-3 Appellant ' s specific reasons for appeal I.\NRPWV.1++tersUandUse AppCwGan Rex 20/02/2014 or review are contain in the attached Exhibit 1, which by this reference is incorporated herein. i / Autonome, ASR, LLC - By: Jeffrey A. Bowersox, Member 02-27-2017 t<1 4. Ap,eeaant s s'_ ature Print name and title Date City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ww tigard-or.gov • 503-718-2421 • Page 1 of 1 EXHIBIT 1 -NOTICE OF APPEAL Autonome ASR, LLC ("Autonome") appeals the City land use hearings officer's Final Order, dated February 13, 2017, approving Madrona Recovery Center's ("Marone") conditional use permit and variance applications, CUP2016-00004 &VAR2016-0004, for a 23-bed inpatient mental health and substance abuse disorder treatment facility(the"Application") on the following grounds set forth below. This notice of appeal provides the notice of appeal contents required by Tigard Development Code ("TDC") 18.390.040.G.2.a.ii. A. An identification of the decision being appealed, including the date of the decision. As noted above, the decision being appealed is a decision by the City land use hearings officer, dated February 13, 2017, approving the Application. Madrona's conditional use permit and variance applications, CUP2016-00004 &VAR2016-0004. B. A statement demonstrating the party filing the notice of appeal has standing to appeal. Autonome has standing to file the notice of appeal because it owns the property adjacent to Madrona's proposed development and appeared orally and in writing before the hearings officer. C. A detailed statement of the specific issues raised on appeal. 1. The hearings officer was required to deny the Application since he specifically concluded that the proposed use does not qualify as a conditional use in the zoning district. The most fundamental and important issue when reviewing a conditional use permit application is determining if the proposed use qualifies as a conditional use in the applicable zoning district. It was the central issue before the hearings officer in this case. The subject property is zoned Professional Commercial (C-P). Madrona requested conditional use permit approval based on its assertion that the proposed use qualifies as a "medical center," which is allowed as a conditional use in the C-P zone. TDC Table 18.520.1. Although other potential use categories were discussed during the hearing process, Madrona was adamant that the only use category it qualified for is a medical center. The hearings officer rejected this characterization of the proposed use and concluded that it does not qualify as a medical center, or any other type of use allowed in the C-P zone. He explained that it cannot qualify as a "medical center"because it is exclusively an inpatient facility and lacks the "outpatient and emergency ... services to the sick and inform,"which are a necessary components under the definition. TDC 18.130.050.G(1). The hearings officer evaluated a number of other potential uses and concluded that the proposed use does not qualify as any of the permitted, restricted or conditional uses allowed in the C-P zone. Once the hearings officer concluded that the proposed use does not qualify as a medical center or any other use allowed in the C-P zone, he had no choice but to deny the Application. Madrona requested approval as a medical center and did not even ask the hearings officer to consider other 1 use categories, so determining that it does not qualify as a medical center alone is grounds for denial. Since the hearings officer evaluated other uses and concluded that the proposed use does not qualify as any of the uses allowed in the C-P zone, there is simply no legal basis for approving it as a conditional use. If the proposed use does not qualify as any of the conditional uses allowed in the C-P zone, it cannot be approved as a conditional use and the Application must be denied. 2. The hearings officer cannot defer the use issue to a subsequent director's interpretation determination. Notwithstanding the hearings officer's determination that the proposed use does not qualify as a medical center or any other conditional use allowed in the C-P zone, the hearings officer approved the Application subject to Madrona obtaining a subsequent planning director interpretation that the proposed use is a permitted use in the C-P zone. There are multiple reasons why the hearings officer did not have the authority to defer the use issue to a separate director's interpretation process. The hearings officer has exclusive jurisdiction to determine in the first instance if the proposed use complies with the conditional use permit criteria. TDC Table 18.390.1. It was his responsibility, and his alone, to determine whether or not the proposed use qualifies as a conditional use. The hearings officer did not have the authority to transfer that responsibility to the director, especially when he already concluded that the proposed use does not qualify as an allowed conditional use in the C-P zone. Once had made that determination, the only decision he had the authority to make was to deny the Application. The hearings officer cannot defer the use issue because different uses have different approval standards under the conditional use criteria in TDC 18.330.050. It is not possible to determine compliance with the size, dimensional, setback, offstreet parking and related approval standards until the City determines the appropriate use classification. The hearings officer erroneously reviewed the Application for compliance with the standards applicable to medical centers even though he concluded the proposed use cannot qualify as a medical center. The hearings officer cannot defer the use issue to a subsequent director's interpretation process because that process does not provide the same procedural rights. In order to defer an issue of compliance to a subsequent process, that later process must provide for the same public notice and opportunity to participate as the underlying process. Moreland v. City of Depoe Bay, 48 Or LUBA 136, 153 (2004); Sisters Forest Planning Committee v. Deschutes County, 45 Or LUBA 145, 154-55 (2003); Rhyne v. Multnomah County, 23 Or LUBA 442, 447 (1992). The director's interpretation process clearly does not provide the same opportunity to participate as the Type III conditional use process. The director's interpretation is a considered a "Special kind of decision"that is a Type I process unless the applicant appeals: "Type I if not appealed, Type II if appealed by applicant." TDC Table 18.30.1. Unless Madrona appeals, Autonome will have no local appeal rights because a Type I decision "is not appealable locally, and is the final decision of the city."TDC 18.390.030.D.. Neither the Type I procedures nor the director's interpretation procedures even provide an opportunity for non-applicant parties to comment. The director's interpretation process is clearly not equivalent because it does not provide an opportunity to comment, a public hearing or any appeal rights. 2 Even if Madrona could rely on a director's interpretation to address the use issue, it was required to do so before or concurrently with the conditional use permit application. TDC 18.340.010 defines the director's interpretation as a process for"resolving these ambiguities in advance of or concurrent with applying for a particular permit or other action." (Emphasis added). That way the use issue will have already been addressed by the director and can be properly factored into the conditional use permit criteria. It is not a process intended to address the use issue after the underlying land use permits have already been approved. 3. The hearings officer erred in concluding that Madrona demonstrated compliance with TDC 18.330.030.A.3 given the lack of any traffic impact analysis. Madrona was required to provide a traffic impact study and demonstrate that the surrounding transportation system has adequate capacity to serve the proposed use. TDC 18.330.030.A.3 requires all conditional uses to demonstrate that "all required public facilities have adequate capacity to serve the proposal. In order to address this requirement, TDC 18.390.050.B.2.e requires all Type III applicants to provide an impact study that quantifies the effect of the development on public facilities and services, and must address "at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development." (Emphasis added). Additionally, TDC 18.810.020.A provides: "No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available." The transportation system is one of the public facilities that Madrona must demonstrate has adequate capacity to serve the proposed use. Madrona cannot demonstrate compliance with these approval criteria because they never provided the City a traffic impact study. Without some evidence identifying the current capacity of the surrounding transportation system and analyzing the additional traffic impact this facility will create, there is no evidentiary basis for concluding that the proposed development satisfies TDC 18.330.030.A.3. The hearings officer erred in addressing this approval criterion. The hearings officer erroneously concluded that traffic impacts are not relevant because the road providing direct access to the property is private. Regardless of whether or not the access road is private, TDC 18.330.030.A.3, 18.390.050.B.2.e and TDC 18.810.020 all require the applicant to demonstrate that the surrounding public transportation system has capacity to accommodate the proposed use. The private access road connects to the public transportation system, so Madrona is still required to provide a traffic impact study to address the impacts on the public transportation system. D. A statement demonstrating that the specific issues raised on appeal were raised during the comment period. As noted in the hearings officer's decision, Autonome raised the specific issues on appeal during the hearings officer's process. Autonome argued that the proposed use was not an allowed use in the C-P zone and therefore the hearings officer was required to deny the application. Autonome 3 also argued that Madrona failed to demonstrate that the surrounding transportation system has adequate capacity to serve the proposed use. E. Filing Fee. The notice of appeal includes a filing fee for the appeal in the amount of$3,372, the appeal filing fee provided by the City. 4 IBOWERSOXx . .. LAW FIRM P.C. . F < t . Jeffrey A.Bowersox j effrey bowersoxlaw.com January 31, 2017 Via Hand Delivery Gary Pagenstecher, AICP CUD Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Madrona Recovery Center Application for Conditional Use Dear Gary: Enclosed is Autonome ASR LLC's written testimony with regard to Madrona Recovery Center's application for conditional use. Thank you for your consideration of this matter. S'. --rely, BOWERSO i ,,P.C. If r By: Jef" - ' :owersox JAB:kr Enclosure Phone:(503)452-5858 6960 SW Vams Street,Suite 200 Website:www.BowersoxLaw.com Fax:(503)345-6893 Portland,Oregon 97223 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Madrona Recovery for ) CUP2016-04 & conditional use in commercial/professional zoning and for ) VAR2016-04 variance of setback ) The hearings officer has issued an order reopening the record in the above-referenced matter until 5:00 PM Tuesday, January 31, 2017 for the limited purpose of allowing all parties to submit additional testimony and evidence regarding the apparent Code conflict identified in his Order. Autonome ASR, LLC offers the following testimony, exhibits and argument in opposition to applicant's proposed categorization of its facility as a "Medical Center" and/or the granting of a conditional use or variance for applicant's proposed facility. The code conflict identified by the hearings officer points out the various uses defined by the Code. Applicant's proposed conditional use in the commercial professional (C-P) zone would require the hearings officer to determine that the evidence establishes that applicant's proposed facility meets the definition of a medical center which is conditionally permitted in the C-P commercial zone (Table 18.520.1) as a civic (institutional) facility. Applicant's request for a conditional use in the C-P zone also requires the hearings officer to determine that the characteristics of the proposed facility do not have the characteristics of a residential use category of group living or transitional housing,both of which are not permitted in C-P zones (Table 18.520.1) Likewise, applicant's request for conditional use of its facility in the C-P zone requires that the hearings officer determine that the proposed facility is not most characteristic of an "other" use category defined as detention facilities, which are also not permitted in the C- P zone. (Table 18.520.1) Chapter 18.130.015 Classification of Uses "A. Considerations. The `Characteristics' subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. A primary use is the activity, or combination of activities of chief importance on the site, and the main purposes for which the land or structures are intended, designed or ordinarily used. ***." 18.130.015 A. 2. states: "2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: a. The description of the activity(ies) in relationship to the characteristics of each use category; CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 1 b. The relative amount of site or floor space and equipment devoted to the activity; c. Relative amounts of sales from each activity; d. The customer type for each activity; e. The relative number of employees in each activity; f. Hours of operation; g. Building and site arrangement; h. Vehicles used with the activity; i. The relative number of vehicle trips generated by the activity; j. Signs; k. How the use advertises itself, and 1. Whether the activity would be likely to be found independent of the other activities on the site." (emphasis added) As appeared from the testimony at the hearing on this matter, Applicant's proposed conditional use as a residential facility is absolutely necessary to its function as a short- term drug and alcohol treatment facility. The facility will have 23 beds. A proponent testified that the "economic model"would not work with less than 23 beds. (Testimony of Knapp.) Mr. Knapp appears to be involved in the financing of the development. Ex. 3. It appears that most of the facility will be devoted to providing and supporting inpatient treatment. Thus, it would appear that most, if not all, of sales will be generated from the short-term, mandatory(secure) inpatient housing for drug and alcohol abuse. The housing facility will be staffed 24 hours per day seven days per week, consistent with it declared intent to provide mandatory short term inpatient care. The buildings are surrounded by professional offices and a daycare facility with approximately 100 children on site from early morning to approximately 6:00PM. The Applicant's proposed signage does not indicate that it is a Medical Center. (Ex. 1, p. 2—depicted building sign reading "Madrona Recovery.") As noted, herein, Applicant's web site advertises itself as a short- term drug and alcohol treatment center designed to "bridge" the patient from "inpatient to outpatient." The residential component of Applicant's conditional use would not exist without its inpatient, secured 24/7 facility. Without the housing characteristic, the facility could seek operation as a Professional Office providing outpatient treatment. The majority of items to be considered under 18.130.015 A. 2. demonstrate that the Applicant's desire to have a short-term drug and alcohol housing facility dominate its request for the conditional use. Applicant's facility does not fit well into the description of a Medical Center as is discussed below in greater detail. 18.130.015 (D) "Use of examples. The `Examples' subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the list are generic. They are based on the common meaning of the terms and not on what a specific use may call itself For example, a use whose business name is "Wholesale Liquidation" but that sells mostly to consumers, would be included in the Sales Oriented Retail Category within the Wholesale Sales Category. This is because the actual activity on the site matches the description of Sales Oriented Retail." (emphasis added) In other words, Applicant's decision to call itself a Medical Center does not compel the Hearings Officer to accept that designation. CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 2 Section 18.310.040 "Residential Use Types" describes the characteristics of Group Living and also has examples that include "some residential programs for drug and alcohol treatment." Group Living lists exceptions that"do[ ] not include lodging meeting the definition of transitional housing, detention facilities and/or commercial lodging." Section 18.130.040 (C) Transitional Housing lists characteristics as "transitional housing is characterized as public or non-profit living facilities possessing the same characteristics as household or group living,but with tenancy less than 45 days. Subsection 3 "Examples:" states "Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities." Subsection 4, "Exceptions" include exceptions for uses that: "a. *** b. do[ ] not include residential uses meeting the definition of Group Living. c. *** d. does not include residential uses meeting the definition of Detention Facilities. (Ord. 10-15 Sec.1)." Section 18.130.080 "Other Use Categories" includes as subsection C, Detention Facilities, (which are not permitted in the C-P zone)provides characteristics of"detention facilities are uses devoted to the judicially required detention, incarceration, or supervision of people" and under exceptions states "programs that provide care, training or treatment for psychiatric, alcohol or drug problems, where patients are residents of the program,but where patients are not supervised by police officers, are classified as transient housing." Table 18.520.1 lists Medical Centers under the Use Category of Civic (Institutional). Medical centers are conditionally permitted in the C-P zone. Section 18.130.050 defines Civic Use categories. Civic Use categories consist of the following: basic utilities, colleges, community recreation, cultural institutions, daycare, emergency services, medical centers, postal service, religious institution, schools, and social/fraternal club/lodges. Subsection G, "Medical Centers" lists as characteristics: "Medical Centers are facilities providing inpatient, outpatient and emergency and related ancillary services to the sick and infirm, and are usually developed in a campus setting or on multiple blocks." (emphasis added) Under"Examples," Medical Centers are said to "include hospitals and medical complexes that include hospitals." "Exceptions"provides that "Medical Centers may also include freestanding offices for hospital-based and/or private-practice positioned and other allied healthcare professionals; these medical office buildings are regulated as Offices." CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 3 Applicant characterizes its proposed conditional use as a Medical Center. Applicant's facility meets only part of the characteristics of the medical center; that is, providing inpatient services and ancillary to the "sick and infirm." Applicant does not provide outpatient and emergency and related ancillary services to the sick and infirm. Applicant's facility is not developed in a campus setting or on multiple blocks. The "Examples" described for Medical Centers do not describe applicant's facility. Examples for Medical Centers "include hospitals and medical complexes that include hospitals." Applicant describes itself to the community and potential clients as a"Residential Care Facility" for drug and alcohol treatment. It does not include the terms "medical center" or "hospital" in its web site advertising. (Ex. 1, passim) Applicant has sought a conditional use permit as a"medical center" simply because its actual use as a drug and alcohol short-term residential care facility is not permitted in the C-P zone. Applicant's residential facility provides short-term transitional housing as those terms are commonly understood. Applicant's web site (accessed as of January 31, 2017) describes a transitional residential facility. It provides "short-term, *** care that will stabilize youth *** and assist them to bridge their care from an inpatient to outpatient." (Ex. 1, p. 1 and passim). Applicant's legal name is Madrona Recovery, Inc and it does business in Oregon under the assumed business name of"Madrona Recovery." (Ex. 4) Applicant is selling a short-term, transitional housing, drug and alcohol treatment facility to the public. It is not holding itself out as a hospital or medical center. Common dictionary definitions for the terms "transitional," "transition," "transient," and "medical center" are attached as Ex. 2. ARGUMENT Applicant's proposed conditional use and variance requests should be identified by the true nature of the short-term residential group living/transitional housing facility that it is. Applicant's conditional use and variance request should be denied. DATED this 31st day of January 2017. A ome.A ', LL : eollr• LBowersox,Member Property Owner: 6960 SW Varns Street, Tigard, OR 97223 CUP2016-00004&VAR2016-0004 (Madrona Recovery Center) Page 4 Madrona Recovery Center Careers and Employment I Indeed.com https://www.indeed.com/cmp/Madrona-Recovery-Center Find Jobs Find Resumes Employers!Post Job Upload your resume Sign in Madrona Recovery Center Get job updates from Madrona Recovery Center 1 About Reviews Photos Jobs Q&A About Madrona Recovery Center Claimed Profile At Madrona Recovery Center, 6) * ritt educate*et i'aarnilfes,otalitothattio two ter met frfaiOn.44114tartte***911410,Pur model aligns with research and best practice Links on what works fo effectively terve and stabilize teens with mental health and/or addiction Madrona Recovery Oenle, service needs. We are a secure inpatient facility that serves the Northwest and beyond,..prothfttivief i1at will prevent patients from entering higher levels of care for mental health or substance use disorders, -less Madrona Recovery Center Jobs Clinical Supervisor Tigard.OR See all 1 Madrona Recovery Center iob Jobs-Browse Companies-Salaries-Trends-Forums-Browse Jobs-Tcois-API-Aboot-Help Center ©2017 Indeed-Cookies.Privacy and Terms EXHIBIT 1 - PAGE 1 1 of 1 1/31/2017 12:03 PM mysite Page 4 of -:::<- .i.,,,,,,,;,-,:r.. A---.1r-..-. . -f. .".",,'- " iell111111111 '''',:`--;':„...--:*:7-- • 7-t.'-''' +�S. _} s,, x « 4-'''''.4e.,,' .� - ..,.. .i".•`.•,#,.'Ir:-i..-."-. '4: ,,:', ,--4:,,' -— ,„_: '.:,_ -,-:... ,-,-;, ,...' '--,---,--- - -,-:',fi:v..;•,,...4,--ii:,',..:Eti,,,,•4-,„i.77.----,,7 ..: ,.. ' -. .A.::- -.'-'4'...r.1".."-•ig:'. '-.::-ita_- ,YS.1-i Madrona Recovery Doors Opening Soon! Madrona Recovery is thrilled to� announce the January 2017 groundbreaking on what will soon he our �la new,2 has Albk,i Tom Find, t'he located in Tigard, Oregon. Inspired by the wonderfully resilient and unique Northwest'ladrona Tree,the Madrona Recovery team is assembling to provide the highest-quality care that stabilizes youth, educates families, and increases long-term success. Look forward to the Madrona Recovery Grand Opening in early May 201 1. Madrona Recovery Statement At Madrona Recovery. we build meaningful alliances. What do we mean by alliance?We view our role in your recovery as a partnership with you,your family, and in some wars,your community. .\ meaningful alliance is the therapeutic relationship from which change takes shape Our programming is centered around the value of healing relationships and their importance in the recovery process. Ourteam is devoted to safety and wellness.As we design our a k't:-terra,residential Cate program we are also paying careful attention to curricula, trauma informed services, and intake/aftercare processes that provide the meaningful continuity of care that people need and deserve. Madrona Recovery is proud to be developing a strong, evidence-based program to keep young people safe. Madrona Recovery will be offering services that support youth through hoth mental health and chemical dependency issues within a co-occurring, focused program. \'('e are developing an intensive curriculum for youth ages- 13-1!,to build competency in three broad skill areas; Communication,learning to say and hear difficult things. Engaging in active conflict resolution as young community leaders. Relationship, learning how to he productive and responsible in the community. I''nderstanding boundaries that serve meaningful relationships. Emotional Regulation, the ability to weather everyday ups and downs with ease.These are powerful skills that support drug refusal and encourage wholesome choices. You and your family will receive the focused and personal support of our medical personnel, skilled clinicians,chemical M dependency counselors,and experienced wellness staff. Medal Heal&as Reath Akances with yen,alhaawasthat serve as bridord in move families from crisis to opportunity. Madrona Recovery is hosting a series of Adolescent Residential Recovers Focus Groups,we would love to hear from yon. have or a familyever received r Care in a resider:mai setting?We.are also welcoming'advocates who have worked in residential care to join us as well. RSVP and find out more at the link below.Talk with us about what worked well for you and your family. What had you hoped for,what did you experience, and what would you change? Food will be provided ! o.us n.•ep RSA j, We hope you'll join us at our Madrona Recovery Grand Opening, for a Facility Tour and Town Hall! Your Madrona Recovery Team EXHIBIT 1 - PAGE 2 http://www.madronarecovery.com/ 1/31/2017 Madrona Recovery Test3 More... 4 by dpi x _ w; i` > : - ;I ! �+ '141 ' r 44.77.1 "FIN *7:' j-iT , Doors Opening Soon! Madrona Recovery is thrilled to announce the January 2017 groundbreaking on what will soon be our • )23 bcd � �� , F,at_ Tam _ Facility be located in Tigard, Oregon. Inspired by the wonderfully resilient and unique Northwest Madrona Tree, the Madrona Recovery team is assembling to provide the highest-quality care that stabilizes youth, educates families, and increases long-term success. Look forward to the Madrona Recovery Grand Opening in early May 2017. EXHIBIT 1 - PAGE 3 Madrona Recovery Statement At Madrona Recovery, we build meaningful alliances. What do we mean by alliance? We view our role in your recovery as a partnership with you, your family, and in some ways, your community. A meaningful alliance is the therapeutic relationship from which change takes shape. Our programming is centered around the value of healing relationships and their importance in the recovery process. Our team is devoted to safety and wellness. As we design OW reaitenal e pregim.we are also paying careful attention to curricula, trauma informed services, and intake/aftercare processes that provide the meaningful continuity of care that people need and deserve. Madrona Recovery is proud to be developing a strong, evidence-based program to keep young people safe. Madrona Recovery will be offering services that support youth through both mental health and chemical dependency issues within a co-occurring, focused program. We are developing an intensive curriculum for youth ages 13-17, to build competency in three broad skill areas; Communication, learning to say and hear difficult things. Engaging in active conflict resolution as young community leaders. Relationship, learning how to be productive and responsible in the community. Understanding boundaries that serve meaningful relationships. Emotional Regulation, the ability to weather everyday ups and downs with ease. These are powerful skills that support drug refusal and encourage wholesome choices. You and your family will receive the focused and personal support of our medical personnel, skilled clinicians, chemical dependency counselors, and experienced wellness staff *2 .a RecOvery i Health and l vary Alliances with you,alliances that serve as bridges that move families from crisis to opportunity. Madrona Recovery is hosting a series of Adolescent Residential Recovery Focus Groups, we would love to hear from you. Have you or a family member ever received rectrwery care in a residential setting?We are also welcoming advocates who have worked in residential care to join us as well. RSVP and find out more at the link below. Talk with us about what worked well for you and EXHIBIT 1 - PAGE 4 your family.What had you hoped for,what did you experience, and what would you change? Food will be provided Focus Group RSVP We hope you'll join us at our Madrona Recovery Grand Opening,for a Facility Tour and Town Hall! Your Madrona Recovery Team Follow our progress! EXHIBIT 1 - PAGE 5 define transitional - Google Search Page 1 of 2 define transitional Sign # .a ittran'zi$H(a)n(a)U mono s01110410040110010160 Of 8919eXertofpe400of a r 5v=mss~OW irtterirrt tele of or denoting the last stage of Romanesque stylein which Gothic elements begin to appear. rrs Transitional I Define Transitional at Dictionary corn ivaara dictionary nom-browsertransltional Transitional zone Transitionai epithelium Transitional denture Transition I Define Transition at Dictionary com cc,z' dictionary corn-b:owseftra nsi tion rnovemunt passayc pr i a-or-Iron,one.posit r. state yiege nuejo,cs Y. v ano change the transition fin.f arrfaleyzenr.e to a;..-hoo_n 2 Vinsir. r,assir foric yne a t,,re, -.�dulctiOn transitional(adjective)definition and synonyms Macmillan Dictionary wwr+macmiliandictionarycon'Jusidictionary'ame;roan'transitional • .-fine rran ti]nai iadi_ct ue arni Jet S,.nonyrn:: 'ins,= Ti of.a lafl;fnzevef, :4m ria .adiectizel Jruzrg rr r n_iaborar inere ho or ia' Transitiona?-definition of transitional by The Free Dictionary thefreedictionary enn,rtransitional • Transition j Definition of Transition by Merriam-Webster imps .F.. n Fri ao-vvenstef corn.dictionary transition. this ,„-ansatnn s cnarqe r ___ anrifCfry t,, s transitional Definition in the Cambridge English Dictionary dictionary Tarntridye crg.rusi dictionaryrengirs'Jtransitional • ,i n.icl oencifion rn as 95cc-,, i .. _9 _char Transition-Examples and Definition of Transition-Literary devices net literarydevices nei transition• D..r r:r.';. Usage cid a Ins_ ,u.:F_sa s re transition-definition of transition in English I Oxford Dictionaries Clips r,en.oxfcrddlctionar.es corrdefinition-transition 1 - 99 ioh .r- g f;S 00 S t ccriblc sentencesr;nore fnc:n, r r narirs Transitional Style-Wikipedia haps-Nen vsikipedia orgtwikliTransifionai_Style '1,igSliT0flai Style in inten e'design and furniture nesJgn rerynS ft.;a t r c fray tl''.a a." n 9dbrn styles,,nll-dwd,oehrreon ryId.^ru:id t adrtnsn,,i Transition Definition-The Glossary of Education Reform edglcssary org,transitioni • EXHIBIT 2 - PAGE 1 https://www.google.com/ 1/31/2017 define transitional -Google Search Page 2 of 2 Aug 29,2013-In education,the term transition typically refers to the three major transitional points in the public-education system:when students move from... Searches related to define transitional transitional meaning in hindi transitional period meaning transitional synonym transitional tissue transitional meaning in urdu transition definition literature transitional definition anatomy transitional meaning in tamil 1 2 3 4 5 6 7 8 9 10 Next 97062,Oregon-From your Internet address-Use precise location-Learn more Help Send feedback Privacy Terms EXHIBIT 2 - PAGE 2 https://www.google.com/ 1/31/2017 1 ransition I Definition of 1 ransition by Merriam-Webster Page 1 of 14 Follow: • GAMES • 13R0\\51. 1 11LSAI 'RI • WORD OF THL DAY • VIDEO • WORDS Al PLAY Y • FAVORITES Merr1am- Webster SINC L: 1828 Menu - transition dictionary thesaurus yn Lncv clopa✓dia Britannica C ornpary • ( A11LS • IIILS.\I Ri S • \\ ORD or fiL DA) • VIDE() • \\ ()R1)S \I El NA • 1 AVORI 1 LS Follow: tr MOH pla\ noun tran•si.tion\tran(t)-'si-shan, tran-'zi-. chiefly British tran(t)-'si-zhan\ Popularity: Top 20%of words Examples: trali itiun in a sentencev EXHIBIT 2 - PAGE 3 https://www.merriam-webster.com/dictionary/transition 1/31/2017 transition I Definition of transition by Merriam-Webster Page 2 of 14 ritingCheck vour grammar notivl 1Nto r. chaff movement, ct{ .r# Bei or evil cn ,o`iota to 2. 2a : a musical modulationb : a musical passage leading from one section of a piece to another 3. 3 : an abrupt change in energy state or level (as of an atomic nucleus or a molecule) usually accompanied by loss or gain of a single quantum of energy transitional play \-'sish-nal. -'sizh-. -'zish-; -'si-sha-n`1, - zi-. -zha-\adjective transitionally adverb See ti Limit defined fin learners See Tram/non defined ior lads Examples of transition in a sentence 1. We want to have a smooth transition when the new owners take control of the company. 2. the sometimes difficult transition from childhood to adulthood 3. The country made a peaceful transition from dictatorship to democracy. Origin and Etymology of transition Latin transition-, transitio. from transire First Known Use: 1551 2 EXHIBIT 2 - PAGE 4 https://www.merriam-webster.com/dictionary/transition 1/31/2017 Transition I Definition of Transition by Merriam-Webster Page 3 of 14 transition verb tran•si•tion Definition of transition 1. intransitive verb 2. : to make a transition <transition into college> See transition defined for English-language learners Examples of transition in a sentence 1. The company has transitioned to new management in the past year. 2. a student who is transitioning to a new school 1946 First Known Use of transition 1946 Phrases related to TRANSITION Related Phrases • in transition TRANSITION Defined for English Language Learners 1 transition play noun transition\tran(t)-'si-shan,tran-'zi-, chiefly British tran(t)-'si-zhan\ Definition of transition for English Language Learners EXHIBIT 2 - PAGE 5 https://www.merriam-webster.com/dictionary/transition 1/31/2017 Transition I Definition of Transition by Merriam-Webster Page 4 of 14 • : a change from one state or condition to another 2 transition verb tran•si•tion Definition of transition for English Language Learners • : to make a change from one state,place, or condition to another : to make a transition TRANSITION Defined for Kids transition play noun tran•si•tion\tran-'si-shan, Definition of transition for Students 1. : an act or the process of passing from one state, stage,place, or subject to another: change Medical Dictionary transition play play noun tran•si•tion\tran(t)s-'ish-an,tranz-, chiefly British tran(t)s- Medical Definition of transition 1. 1: passage from one state or stage to another; especially: an abrupt change in energy state or level(as of an atomic nucleus or a molecule)usually accompanied by loss or gain of a single quantum of energy 2. 2: a genetic mutation in RNA or DNA that results from the substitution of one purine base for the other or of one pyrimidine base for the other EXHIBIT 2 - PAGE 6 https://www.merriam-webster.com/dictionary/transition 1/31/2017 Transient I Define Transient at Dictionary.com Page 1 of 5 Dictionary.corn (http://www.dictionary.corn/) (http://www.dictionary.com/) theday/) definitions u transient transient O [tran-shuh nt, -zhuh nt, -zee-uh nt] rEs 0 Synonyms Examples Word Origin See more synonyms on Thesaurus.com (http://www.thesaurus.com/browse/transient) 0 adjective 1. _rut twang,enduring, or permanent; tramitory. E 2. landirell only a ng briefly;, to . ora • transient authority. o 3. staying Only a art time: the transient guests at a hotel. o 4. Philosophy. transeunt (http://www.dictionary.com/browse/transeunt). noun o 5. a person or thing that is transient, especially a temporary guest, boarder, a laborer, or the like. 6. Mathematics. m a. a function that tends to zero as the independent variable tends to infinity. ct b. a solution, especially of a differential equation, having this property. 7. Physics. a. a nonperiodic signal of short duration. EXHIBIT 2 - PAGE 7 http://www.dictionary.comlbrowse/transient 1/31/2017 define medical center- Google Search Page 1 of 2 le define medical center r;n r h t z7:s Sh,Pp=Ihg tWath#04P040,Managed care it} typy r, 10141691110,114Wit WO*. ". in*ftikft fiaakaift matt*mg*Ottr*t' ithan- taliftitOPIS*01001a01104ItnViat Medical center j definition of medical center by Medical dictionary medical-dictionary thefreedict ona ycomlmedical-center Medical center I definition of medical center by Medical dictionary medical-dactlonary thetreedret;onary compmedical-center• cracclical censer Managed care a-realth:are o gar IcCFrl defined by Structure—a plcrcanal plan,,ep !last-gal arc )_t1-a i - which health care r'- ea':= stall sup.onand ancillary are {,,.iaeda ,rrr,_ra ,nedarais -'a-esthat rap be tnc,c'.a aalez th b a'prOvraecwa ,ad:llona!cane-orally hrr5.ia, Medical Center-Wikipedia hips'en vokipedia.urn ,ak,Medical Center• Hosreoe large,cbmpe-ct medical ia-lrf,n-efts n,'O rr: ,r, nrerilc' _._ del C!other} alta_133E 12-3333, ats.' .4p What is a medical center? What is a health care facility'? What is an academic medical center'? What is an outpatient medical clinic'? Hospital vs medical center Consumers favor'hospital title wX11'+bercf,healthcare come 4aospdai-vs-medical center-son'rumers-favor-rospifcl-HJ • medical center medical centers-WordWeb dictionary definition arra,ci-rd;go;,nlsic corrv'a MEDICALCENTER • 15 ge ,..a. as a.hs'e soart l.,e t',, The can [.seed r, n a7 _ Anel. nal n, ::d, c.e..pcpcdl a bar r:ente -..arta❑Cert-e fP What is an Academic Health Center'?I Healthcare I OHSU c:ue'ohsu-edu-JHSO Horne,Healthcare :'Jho['us Are• cram:arc mane ,i heat a Definition of Urgent Care Medicine-AAUCM aaucm erg,aooutiuroentcafeldefault asp.Cret a ,_F a plat,:,a- r�,drrirr ger Cur ,c,,' t r4 p _._ enl care . _a.-,_ p SC,-3-00r-`3 .alar Substance use I University of Maryland Medical Center umm-edu`bealth,'medical'e'cyartrclesldrug abuse ne a.fi.en Sobs,ance o e __:-Meed use of a_chef_ r dr a'' ale Inscrrc over-ane-,,anise drugs:nen'ego a .:ezJ-ores. Clinic I Definition of Clinic by Merriam-Webster https.fea w✓.rnerriarn-webster comtd,ctionarylclinic• Define Clan r r '--v✓h re Peep c get reedicnl tel,. Gr r_u:a sentence What is a Teaching Hospital?I Medical Education Programs wvtw barnabaslacalth,org'Medical-EducataonaWhat-is.a-Teach'ng-Hospital-_aspx EXHIBIT 2 - PAGE 8 https://www.google.com/ 1/31/2017 RiverCapital Portland Mortgages Page 1 of 2 'OUR PURPOSE IS TO PROVIDE STRAIGHT TALK IN THE WORLD OF REAL ESTATE FINANCE, ;TARTING WITH AN EYEBALL-TO-EYEBALL CONVERSATION, RESULTING IN A SAFE ENVIRONMENT FOR GOOD, HONEST, PEOPLE TO OWN PROPERTY" )UR CORE VALUES A few other words of wisdom.... H I -;', 'h ,3S. V'+=I \;eat ( 'Ui =r has 1)e-..,,F1 tl E . SEE WHAT OUR CLIENTS HAVE TO SAY �1 ;F":evrm. , F EXHIBIT 3 - PAGE 1 http://rivercapitalpdx.com/ 1/31/2017 Team - River Capital Page 2 of 5 4 IICHAEL KNAPP MIS ID #110919 ompany NMLS ID #1850 lose who know Michael Knapp describe him as creative, energetic, honest, and authentic.. Wised and educated in Oregon, Michael obtained his bachelor's degree from Oregon State Uni iickly became a top producing broker(any awards, or labels?). He... is a member of a dynamic, global network called The Entrepreneurs' Organization.,., is a member of the regional 80/20 Club of Mortgage Professionals. supports The National Board of Mortgage Brokers serves on the Board of Directors for Bridge Meadows, an organization based in Portland, OrE tergenerational neighborhoods for adoptive families of foster children. Co-creator for the World Salmon Council ichael's philosophy on life is to engage on all levels. In addition to community involvement, Mi velopment, and balance for himself and employees. When not hard at work,you'll find him sai Portland or "chasing Steelhead" on one of his favorite Pacific Northwest waterways. f V in in EtvIAIL ME ,,EL_ . E EXHIBIT 3 - PAGE 2 http://rivercapitalpdx.com/team/ 1/31/2017 ARTICLES OF INCORPORATION E-FILED Corporation Division P Aug 12, 2016 www.filinginoregon.com OREGON SECRETARY OF STATE REGISTRY NUMBER 124102997 TYPE DOMESTIC BUSINESS CORPORATION 1. ENTITY NAME MADRONA RECOVERY CENTER INC. 2. MAILING ADDRESS 1566 SE LINN TS PORTLAND OR 97202 USA 3. NAME&ADDRESS OF REGISTERED AGENT 94053197-JDC LAW, LLC 621 ALDER ST SUITE 817 PORTLAND OR 97205 USA 4. INCORPORATORS DEBORAH VEGA 12605 EAST FWY STE 509 HOUSTON TX 77015 USA 5. NUMBER OF SHARES 10000 6.OPTIONAL PROVISIONS The corporation elects to indemnify its directors, officers, employees, agents for liability and related expenses under ORS 60.387 to 60.414. EXHIBIT 4 - PAGE 1 Page 1 ' Corporation Division 47&ant + ' www.filinginoregon.com OREGON SECRETARY OF STATE By my signature, I declare as an authorized authority,that this filing has been examined by me and is,to the best of my knowledge and belief,true, correct,and complete. Making false statements in this document is against the law and may be penalized by fines, imprisonment, or both. By typing my name in the electronic signature field, I am agreeing to conduct business electronically with the State of Oregon. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement. ELECTRONIC SIGNATURE NAME DEBORAH VEGA TITLE INCORPORATOR DATE SIGNED 08-12-2016 EXHIBIT 4 - PAGE 2 Page 2 Business Registry Business Name Search Page 1 of 2 OREGON SECRETARY OF STATE ,w ► Corporation Division business information center business name search oregon bushiest guide referral 1st busbies,registryfrenewai forms/fees notary public uniform commercial code uniform commercial code search documents&data services Business Name Search New Search Printer Friendly Business Entity Data 01-31-2017 15:40 Entity Entity Registry Next Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 1241029-97 DBC ACT OREGON 08-12-2016 08-12-2017 Entity Name MADRONA RECOVERY CENTER INC. Foreign Name New Search Printer Friendly Associated Names Please click here for general information about registered agents and service of process. Type AGTREGISTERED AGENT Start Date 08-12- Resign Date 2016 Of 940531- JDC LAW, LLC Record 97 Addr 1 621 ALDER ST Addr 2 SUITE 817 CSZ PORTLAND IOR 197205 I ICou ntry!UNITED STATES OF AMERICA Type MALIMAILING ADDRESS 1 Addr 1 1566 SE LINN TS Addr 2 CSZ PORTLAND IOR 197202 I ICountrylUNITED STATES OF AMERICA New Search Printer Friendly Name History Business EntityName Name Name Type Status Start Date End Date MADRONA RECOVERY CENTER INC. EN CUR 08-12-2016 Please read before ordering Copies. New Search Printer Friendly Summary History EXHIBIT 4 - PAGE 3 http://egoy.sos.state.or.us/br/pkg_web_name_srch_ing.show_detl?p_be_rsn=1850318&p_s... 1/31/2017 Business Registry Business Name Search Page 2 of 2 Image Action ransactio Effective Status Name/Agen Dissolved By vailable Date Date Change ARTICLES OF 08-12-2016 FI Agent INCORPORATION About Us I Announcements I Laws & Rules I Feedback Policy I SOS Home I Oregon Blue Book I Oregon.gov For comments or suggestions regarding the operation of this site, please contact : corporation.division(a�state.or.us c 2017 Oregon Secretary of State. Ali Rights Reserved. EXHIBIT 4 - PAGE 4 http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=1850318&p_s... 1/31/2017 Business Registry Business Name Search Page 1 of 2 OREGON SECRETARY OF STATE HOME ► Corporation Division business information center business name search omgon business guide referfal YM businessreg ra ist ytrel. . newal forms/fees notary public �®� uniform commercial code uniform commercial code search documents&data services Business Name Search New Search Printer Friendly Business Entity Data 01-31-2017 15:41 Entity Entity Registry Next Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 940531-97 DLLC ACT OREGON 05-29-2013 05-29-2017 Entity Name JDC LAW, LLC Foreign Name New Search Printer Friendly Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 621 SW ALDER ST SUITE 817 Addr 2 CSZ PORTLAND IOR 197205 I ICountrylUNITED STATES OF AMERICA Please click here for general information about registered agents and service of process. Type AGTREGISTERED AGENT Start Date 05-29- Resign Date 2013 Name JOSHUA I IDECRISTO I I Addr 1 621 SW ALDER ST Addr 2 SUITE 817 CSZ PORTLAND IOR 197211 I ICountrylUNITED STATES OF AMERICA Type (MALIMAILING ADDRESS Addr 1 PO BOX 28385 Addr 2 CSZ PORTLAND IOR 197228 1 ICountrylUNITED STATES OF AMERICA Type MEMIMEMBER I I Resign Date I Name ,JOSHUA 1 IDECRISTO I I Addr 1 PO BOX 28385 Addr 2 CSZ PORTLAND IOR 197228 1 ICountrylUNITED STATES OF AMERICA EXHIBIT 4 - PAGE 5 http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=1642023&p_s... 1/31/2017 Business Registry Business Name Search Page 2 of 2 New Search Printer Friendly Name History Business Entity Name Name Name Start Date End Date Type Status JDC LAW, LLC EN CUR 05-29-2013 Please read before ordering Copies. New Search Printer Friendly- Summary History Image Action Transaction Effective Status Name/Agent Dissolved By Available Date Date Change AMENDED ANNUAL 06-06-2016 FI REPORT NOTICE LATE 06-02-2016 SYS ANNUAL AMENDED ANNUAL REPORT 06-30-2015 FI NOTICE LATE 06-05-2015 SYS ANNUAL AMENDED ANNUAL 06-30-2014 FI REPORT NOTICE LATE 05-30-2014 SYS ANNUAL ARTICLES OF { ORGANIZATION 05-29-2013 FI Agent About Us I Announcements i Laws & Rules I Feedback Policy I SOS Home I Oregon Blue Book I Oregon.gov For comments or suggestions regarding the operation of this site, please contact : corporation.division(a.state.or.us 2017 Oregon Secretary of State. At Hgnts Reserved. EXHIBIT 4 - PAGE 6 http://egov.so s.state.or.us/br/pkg_web_nam e_srch_inq.show_detl?p_be_rsn=1642023&p_s... 1/31/2017 IWOARCHITECTS H LIN EC 1 1 A. L c K r: ti December 19, 2016 Gary Pagenstecher, Associate Planner City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: CUP2016-00004/VAR2016-00004 Madrona Recovery Center Supplemental Engineering Information Gary, Thank you for providing us with the Public Facility Plan Completeness Checklist, prepared by Ray Wolf. In answer to the two items in question we offer the below responses: 1.) SANITARY SEWER ISSUES—Subs to adjacent parcels required/shown? The sanitary sewer service for the existing buildings comes from Fir Loop through an existing easement. An easement can be granted to connect one of the two lots referenced in your memo. This easement can only be 10 feet wide based on the current building only being approximately 13 feet from the property line. We recommend that the public line itself not be extended at this time. To construct the line we would have to remove an existing deck, three trees and portions of a stairwell to the basement of the existing building. The location of the proposed easement is shown on revised Sheet A2, which is included with this letter. 2.) WATER ISSUES—Proposed fire protection system shown? A fire projection service is planned for this project. Please see revised Sheet A2 for the proposed connection point. As noted in our responses, the requested supplemental information is shown on Sheet A2 which is being submitted with this letter. We appreciate Staff's review, and look forward to working with you on this project. Sincerely,^ Gretchen_ Stone enclosures - CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com _ r (E)MECHANICAL EQUIPMENT,SET ON PLATFORM,FULLY SERVICE,AND PRESSURE TEST (N)EXTERIOR DOOR (N)GATE AT SECURITY FENCE REPAIR OR REPLACE STAIRWAYS AS REQUIRED, NEW HANDRAILS ARE TO BE INSTALLED GAS METER (E)BIKE RACK TO REMAIN SANITARY SEWER CLEANOUT SEAL COAT ASPHALT PAVING TO PREVENT ADDITIONAL DAMAGE,RE-STRIPE PARKING LOT - ' (N)HANDICAP PARKING AND DROP OFF AREA W/ SIGNAGE NEW EASEMENT TO BE �/r . (q TRASH ENCLOSURE TO REMAIN GRANTED AS PART OF CUP - • FOR FUTURE SEWERNN, 0 �` fff,,,��www��wwwjjj n '41 � ` A ....: \ I' -w;-r_. __ �r ...JAI4461/ 41 „may, �L.: �� [,� 2]-21rz r k IIIII'M�\I s 9 ,r. ,.n- -N UP v� .., / m �P /' Oc c „,, , 1 { ..,--c,,,,,,,O ~ (3)PARKING SPACES (12)PARKING SPACES / / ....- 0 / '0 8 6 / TVP. / / Z / EXISTING i'.1 Q / (E)MECHANICAL EQUIPMENT,SET ON ”. x A, / / ee / / PLATFORMS,LEVELED,AND FULLY SERVICED I SOUTH (2)ADA PARKING SPACES (4)PARKING SPACES // / /// (E)RETAINING WALL TO REMAIN I BUILDING G EXISTING. --- NORTH .. `l // / / / -- 6.-0.CEDAR SECURITY FENCE „ , BUILDING / // , v / / i NEW RAILINGS AT ALL DECK �� - 0 TVP' / CONDITIONS TO MEET CODE 2]'-3' / -4 / .1,-VA, 1St``1 P �J EXISTING SHED 7 53.251>O ....S<<„, 6'-91/4 C / ``11\\L� c SGS MN ' c eP�� W Q / // .7. fr t TYP. ".: / / SITE STATISTICS .� a / C` `.�-/'�,_ p / Q�,es DESCRIPTION REQUIRED AREA PROVIDED AREA Y - 1? / LANDSCAPE AREA 15% (16086/45,616)-35% I I .•«. - L __-_./ (E)LANDSCAPE TO REMAIN 6A C C C C _� // / /// NEW RAILINGS AT ALL DECK CONDITIONS •082 Ir. (4)PARKING SPACES / TO MEET CODE REPAIR OR REPLACE STAIRWAYS AS REQUIRED, �/ // � NEW HANDRAILS ARE TO BE INSTALLED \\ 8'-0”CEDAR SECURRY FENCE / / � (E)APPROXIMATE RIGHT OF WAY PARKING STATISTICS / / (N)GATE AT SECURITY FENCE O / // 1/ DESCRIPTION B REQUIRED #PROVIDED '�' IN)FIRE SERVICE LINE __- (Ni ----I- -�-- /_ COMPACT PARKING STALLS <50% 11 S— 88.47' .47I -- FULL-SIZE PARKING STALLS N/A 16 ACCESSIBLE PARKING STALLS 2 2 _ TOTAL ONSITE PARKING 26" 29 J // "BASED ON PARKING RATIO OF 2.0/1,000 SQ.FT. SITE PLAN / �\] SCALE:1/16"=1'-0" C13 ii 5/0 ARCHITECTS MADRONA RECOVERY CENTER A2 A LIMITED LIABILIIY COMPANY 7000 SW VARNS STREET TIGARD, OREGON PUBLIC FACILITY PLAN Project: CUP2016-00004/VAR2016- 00004 COMPLETENESS CHECKLIST Madrona Recovery GRADING ® Existing and proposed contours shown. Existing shown Does proposed grading impact adjacent parcels? El Yes ® No No grading required ® Adjacent parcel grades shown. Not required STREET ISSUES • Right-of-way clearly shown. Shown © Centerline of street(s) clearly shown. Not required ® Street name(s) shown. Existing streets shown Existing/proposed curb or edge of pavement Shown shown. ❑X Street profiles shown. Not required Future street plan: Must show street profiles, topo on adjacent parcel(s), etc. Not required © Traffic impact report. Included ❑X Street grades compliant? Not required © Street widths dimensioned and appropriate. Not required Private streets?Less than 6 lots and width Existingprivate street shown appropriate? SANITARY SEWER ISSUES I Q Existing/proposed lines shown. Lot already served Show how public sewer can be extended to the ❑ Stubs to adjacent parcels required/shown? south to serve lots 2000&2101 WATER ISSUES ® Existing/proposed lines w/ sizes noted? Existing service REVISED: 2/1/2016 Page 1 of 2 CE Existing/proposed fire hydrants shown? Existing on lot • Proposed meter location and size shown? Existing shown ❑ Proposed fire protection system shown? None shown in plans or mentioned in narrative STORM DRAINAGE AND WATER QUALITY ISSUES • Existing/proposed lines shown? Not required • Preliminary sizing calcs. For water Not required quality/detention provided? q Water quality/detention facility shown on Not required plans? q ® Facility shown outside and wetland buffer? Outside of wetland buffer Storm stubs to adjacent parcels required/shown? Not required The submittal is hereby deemed ❑ Complete ❑X Incomplete By: Ray Woolf Date: 11/29/2016 REVISED: 2/1/2016 Page 2 of 2 City of Tigard M COMMUNITY DEVELOPMENT DEPARTMENT ■ Request for 500' Property Owner Notification Property owner information is valid for three (3)months FOR STAFF USE ONLY from the date of your request. Contact staff member Joe • .00 Patton: 503-718 2714 or joep@tigard or.gov. Date Request hr�cessed Project name: Madrona Recovery Center NEIGHBORHOOD EE I LAB LS Staff planner you are working with: Gary Pagenstecker #of sheets castac1 sets Propet wnel .. with tSt& Name of contact person: Gretchen Stone interest dparties; $� ., rtr Name of company: CB Two Architects Generate Asp $11. 0 Phone: (503)480-8700 ' OTAL: ;h Email: gretchen@cbtwoarchitects.com L1NP SE ODES Please indicate all map and tax lot numbers that are included #ofenvelopes cost each se in your project(i.e. 1S134AB00100) or the addresses for all Pe r Viers project parcels below. If more than one (1)tax lot or if the within 500feetc�t parcel has no address,you must separately identify each rote�portio.". 62„:- Nam 1 r 1806 tax lot associated with the project. Generate est: - - 25101 DA/01900&02100 SUBTOTA i s 6996 7000 SW yarns Postage: 62 9 t $3q 38 . AL X49 44. REQUEST (only check one): nOne (1) set of labels for notification of neighborhood meeting. After submitting your land use application to the city,the project planner will review your application for completeness and you will be notified by means of a completeness review letter. Please indicate what the completeness letter indicates you need: Land use case number: CUP2016 00004 nType II TWO sets of envelopes nType III or Type IV one set of envelopes (a second set may be required .1.t.he decision is appealed) The contact person listed above will be notified of the amount to pay at the front counter in the Permit Center once the request is processed.A printed list of all property owners within 500 feet and interested parties will be provided at time of payment. Upon request,a PDF copy is available via email. City of Tigard 13125 SW Hall Blvd. Tigard,Oregon 97223 • www.tigard ox.gov 503 718 2421 • Page 1 of 1 I:\CURPLN\Masters\500'Property Owner Notification Request.docx Rev.20150514 Gretchen Stone From: john thornton <johntfuture@gmail.com> Sent: Monday, November 21, 2016 11:34 AM To: Gretchen Stone Subject: Fwd: Order Confirmation Forwarded message From: dianna(a tigard-or.gov <dianna(Ztigard-or.gov> Date: Mon,Nov 21, 2016 at 11:31 AM Subject: Order Confirmation To:johntfuture@gmail.com Order Results Profile Name: CO TIGARD COMM DVLP Transaction ID: 211116B38-856DEF34-669A-48CA-9EE8-24DEB477092B Date/Time: 11/21/2016 11:31:20 AM Transaction Type: SALE Approval Message: APPROVAL Approval Code: 021871 ECI: Order Section Card Number : 48**********9032 Amount : $49.44USD Billing Address Addressl : 1566 se Linn st City : portland State/Province : OR Postal Code : 97202 Phone : 5037347363 Email Address : iohntfuture(&,,gmaii.com 1 • The information contained in this e-mail and in any attachments is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. This message has been scanned for known computer viruses. 2 Iliq TIGARD City of Tigard December 12, 2016 Madrona Recovery Attn:John Thornton 500 Liberty Street SE, Suite 100 Salem, OR 97301 Project: Madrona Recovery Center Site: 1S101DA 01900/02100 Land Use Files: CUP2016-00004/VAR2016-00004 Dear Mr. Thornton: The city received your revised application materials on November 22, 2016 for a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. A variance has been requested to acknowledge the western side yard setback for the south building is not met. Your application is now deemed complete. A final decision by the City will be made within 120 days,by March 22,2017. A tentative date for with the Hearings Officer has been scheduled for January 9,2017. If you have any questions,please contact me at 503-718-2434 or garyp@tigard-or.gov. Sincerely, C..... ---i-Z4---43. .e.L. t-4,4___ Gary Pagenstecher,AICP CUD Associate Planner Attachment: Public Facility Plan Checklist Copy: File: CUP2016-00004 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov r City of Tigard g ,ice November 10,2016 � � Madrona Recovery . , " � ' Attn:John Thornton : : -G " : 500 Liberty Street SE, Suite 100 �� .'. Salem, OR 97301 ' ,' - 4 Project: Madrona Recovery Center Site: 1S101DA 01900/02100 Land Use Files: CUP2016-00004 Dear Mr.Thornton: The city received your application on October 13, 2016 for a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996 7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. Staff evaluated your application for completeness against Tigard's submittal requirements and determined that additional information is required. I. Completeness Items The following items need to be submitted in order for your applications to be deemed complete: . 1. Variance. The 25-foot setback for medical centers is not met for the western side yard for the south building. Provide findings in a revised narrative for Section 18.370.010.C.2and payment for the application fee inthe amount of$783. This Type II Administrative Variance will be processed concurrently with the Conditional Use Permit. t 2. Site Plan. Provide a revised dimensioned site plan demonstrating compliance with setbacks, parking lot space and aisle standards, and landscaping and coverage standards. 3. Public Facilities Plan Completeness Checklist. Any increase in impervious surfaces greater than 1,000 square feet will require compliance with CWS Table 4.1 for storm water quality and detention. Contact Jonny Gish at 503-718-2467. v-----" II. Re-submittal Requirements Submit all of the following items concurrently. 1. A copy of this letter. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Determination of Completeness Page 2 Land Use File PDR2016-00011 2. A letter addressing how each completeness item has been addressed,including a description of the revisions and their specific locations, e.g. page and/or plan set numbers. A thorough and detailed letter will facilitate staff's review of your application in a timely manner. 3. For notice and requests for comments,please submit eight(8) copies of your revised and new materials (including all elements of the submittal, collated and bound). Plan sets may be printed at 11" x 17" size as long as you include 3 copies of large set plans.Also, submit two (2) additional copies of your reduced plan sets only (11" x 17"),plus one copy at 8 1/2" x 11" for our records. 4. One (1) compact discs containing all elements of your proposal. All plans must be formatted to a 300dpi. 5. Completed "Request for 500'Property Owner Notification" and receipt of payment. If you have any questions,please contact me at 503-718-2434 or garyp@tigard-or.gov. Sincerely, 41-3 /24,a pe-1 Gary Pagenstecher,AICP CUD Associate Planner Attachment: Public Facility Plan Checklist Copy: File: CUP2016-00004 CB ARCHITECTS. November 22, 2016 Gary Pagenstecher City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Madrona Recovery Center—CUP2016-00004 2S101DA 01900/02100 6996—7000 SW Varns Street Dear Gary, Enclosed you will find our land use submittal package for the above referenced project. Documents included within the package are: • Copy of the Completeness Review Letter • Response to Completeness Review • Eight(8) Bound sets of: • Completed Land Use Application • Title/ Deeds for properties included in proposal • Project Summary, Conditional Use and Variance Requests Narratives • Evidence of Neighborhood Meeting • CWS Provider Letter • Impact Study • Traffic Impact Study • Pre-Application Conference Notes • Urban Forestry Plan • Plans • Three (3) Full Size (24"X36") Sets of Plans • Two (2) 11"X17" Sets of Plans • One (1) 8 ' " X 11" Set of Plans • One (1) CD containing all elements of proposal • Completed "Request for 500' Property Owner Notification" and receipt of payment I believe the above items provide a complete application package. Should you need additional information or copies of documents please contact me via email Gretchen@cbtwoarchitects.com, or telephone (503) 480-8700. •ec "lap ne Enclosures Cc: John Thornton,Madrona Recovery Center Albert Castaneda CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com CB ARCHITECTS November 21, 2016 Gary Pagenstecher City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, OR 97223 Project: Madrona Recovery Center Site: 2S101 DA/ 01900 & 02100 Address: 6996 - 7000 SW Varns Street Land Use File: CUP2016-00004 Gary, Thank you for your completeness review of the above referenced project. I believe the below responses, as well, as accompanying documents and plans will provide you and other staff/jurisdictional agencies to review and approve our request for a Condition Use and Variance to Minimum Building Setback standards as needed to allow the proposed development to move forwards. Should you have questions or if you need additional information please contact me. Completeness Items 1. Variance. The 25-foot setback for medical centers is not met for the western side yard for the south building. Provide finings in a revised narrative for Section 18.370.010.C.2 and payment for the application fee in the amount of $783. This Type II Administrative Variance will be processed concurrently with the Conditional Use Permit. The narrative has been revised to include a request for a Type II Administrative Variance and supporting information confirming that the request meets the criteria for granting approval. This narrative is included in the submittal as part of the bound document set with a tab denoting its location within the set. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem, Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 2 of 2 2. Site P/an. Provide a revised dimensioned site p/an demonstrating compliance with setbacks, parking lot space and ais/e standards and landscaping and coverage standards. The Site Plan has been revised to include setback, parking lot and landscape information as needed. A copy is included as part of the plan set and can be found within the bound document set, and full sized and reduced plan sets are also provided with our submittal. 3. Public Facilities P/an Completeness Checklist. Any increase in impervious surfaces greater than 1,000 square feet will require compliance with CWS Table 4. 1 for storm water quality and detention.... No request for any increase in the impervious surface to the site is planned with this application. There is an existing water quality swale on the site that will be maintained to manage the site in its current state. The only work on the site will be to the structures and no site work, except a trench for the fire service, is being proposed as part of our conditional use application. Therefore this item is not applicable. The Madrona Recovery Center development team is looking forward to working with the City of Tigard on this project. Your consideration of the requests is appreciated. .4/00,4j6,41115- Gret• en Stone CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com III i it 1 TIGARD City of Tigard November 10,2016 Madrona Recovery Attn:John Thornton 500 Liberty Street SE,Suite 100 Salem, OR 97301 Project: Madrona Recovery Center Site: 1S101DA 01900/02100 Land Use Files: CUP2016-00004 Dear Mr.Thornton: The city received your application on October 13, 2016 for a change of use from an existing law office to a medical center use on a 1.04-acre site located at 6996-7000 SW Varns Street zoned Professional Commercial (C-P). The adaptive reuse project includes the interior remodeling of two existing buildings to accommodate a secure 23-bed inpatient adolescent mental health and substance use disorder treatment facility that operates 24/7. Adolescents 13-17 years of age will receive care for 14-21 days. Staff evaluated your application for completeness against Tigard's submittal requirements and determined that additional information is required. I. Completeness Items The following items need to be submitted in order for your applications to be deemed complete: 1. Variance. The 25-foot setback for medical centers is not met for the western side yard for the south building. Provide findings in a revised narrative for Section 18.370.010.C.2 and payment for the application fee in the amount of$783. This Type II Administrative Variance will be processed concurrently with the Conditional Use Permit. 2. Site Plan. Provide a revised dimensioned site plan demonstrating compliance with setbacks, parking lot space and aisle standards,and landscaping and coverage standards. 3. Public Facilities Plan Completeness Checklist. Any increase in impervious surfaces greater than 1,000 square feet will require compliance with CWS Table 4.1 for storm water quality and detention. Contact Jonny Gish at 503-718-2467. II. Re-submittal Requirements Submit all of the following items concurrently. 1. A copy of this letter. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Determination of Completeness Page 2 Land Use File PDR2016-00011 2. A letter addressing how each completeness item has been addressed,including a description of the revisions and their specific locations,e.g. page and/or plan set numbers.A thorough and detailed letter will facilitate staff's review of your application in a timely manner. 3. For notice and requests for comments,please submit eight (8) copies of your revised and new materials (including all elements of the submittal,collated and bound). Plan sets may be printed at 11"x 17" size as long as you include 3 copies of large set plans.Also, submit two (2) additional copies of your reduced plan sets only (11"x 17"),plus one copy at 8 1/2"x 11" for our records. 4. One (1) compact discs containing all elements of your proposal.All plans must be formatted to a 300dpi. 5. Completed"Request for 500'Property Owner Notification"and receipt of payment. If you have any questions,please contact me at 503-718-2434 or garyp@tigard-or.gov. Sincerely, A. /27844-5f4264_, Gary Pagenstecher,AICP CUD Associate Planner Attachment: Public Facility Plan Checklist Copy: File: CUP2016-00004 Project GUl1A "/ c: LAND USE APPLICATION Date: , ,1, COMPLETENESS REVIEW COMPLETE g INCOMPLETE STANDARD INFORMATION: Deed/Title/Proof of Ownership,®` Neighborhood Mtg.Affidavits,Minutes,List of Attgnde i et r,'6r 4d 't' $12" USA Service Provider Letter ❑ Construction Cost Estimate 41 Pre-Application Conference Notes ❑ #Sets Of Application Materials/Plans- "Paper Copies" Impact Study(18.390) ❑ #Sets Of Application Materials/Plans-"CD's" ❑ 2 Sets of#10 Envelopes with Postage(Verify Count) NOTE: Envelopes are not due until your application has been deemed substantially complete by the Planning Division. You will be notified by letter when it is time to obtain your labels for the envelopes. PROJECT STATISTICS: Building Footprint Size 2r%of Landscaping On Site ,❑ Lot Square Footage 2 %of Building Impervious Surface On Site t; n�•: PLANS DIMENSIONED: ❑ Building Footprint ❑ Parking Space Dimensions (Accessible&Bike Parking) ❑ Access Approach and Aisle ❑ Building Height ❑ Visual Clearance Triangle Shown !"J,> ] Truck Loading Space Where Applicable ADDITIONAL PLANS: Vicinity Map , Architectural Plan Tree Inventory Existing Conditions Plan ❑ Landscape Plan ❑ Lighting Plan 1,21'°' Site Plan TREE PLAN/MITIGATION Pr: jj 1El -�'Mt ADDITIONAL REPORTS: (list any special reports) -. )t ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) El 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) O 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) 0 18.790(Tree Removal) El 18.370(Variances/Adjustments) El 18.720(Design Compatibility Standards) El 18.795(Visual Clearance Areas) E l 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) El 18.798(Wireless Communication Facilities) ❑ 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) El 18.810(Street&Utility Improvement Standards) O 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) O 18.420(Land Partitions) 0 18.742(I-Iome Occupation Permits) O 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) O 18.510(Residential Zoning Districts) 0 18.750(Manufactured/Mobil I Iome Regulations) El 18.520(Commercial Zoning Districts) 0 18.755(Mixed Solid Waste/Recycling Storage) O 18.530(Industrial Zoning Districts) 0 18.760(Nonconforming Situations) O 18.620(Tigard Triangle Design Standards) 0 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: ti I:\curpin\masters\forms-revised\land use application completeness review.doc (Updated:20-May-08) CB -- ARCHITECTS October 12, 2016 City of Tigard Community Development, Community Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Conditional Use Request Madrona Recovery Center 6996-7000 SW Varns Street CB Two Architects with John Thornton, Madrona Recovery Center, respectfully requests approval of a Conditional Use that would provide for a change of use to an existing commercial office complex, from commercial office to a medical center. This would allow John Thornton and his team to establish Madrona Recovery Center an inpatient adolescent mental health and substance use disorder treatment facility at 6996-7000 SW Varns Street. REQUEST SUMMARY Located off SW Varns Street adjacent to 217 within a Professional Commercial (C-P) zoning district, the proposed change of use from professional office to medical center is permitted as a conditional use. The existing development is the ideal property for the proposal for a variety of reasons: its location, tucked away in a quite commercial area; existing structures are well suited for adaptive reuse for the proposed facility; existing parking meets the needs for the proposed user group; and the existing mature landscape allows for outdoor activity in secured areas. The existing structures, once remodeled will afford for the various programming needs and spaces the treatment facility requires to provide care and support to their adolescent patients. For the most part changes will occur within the buildings; however, new windows are planned to replace sliding glass doors as required for programming and licensing requirements as well as cosmetic updates. The proposed facility will be a secure treatment center that operates 24/7. Portions of the large landscaped open spaces will be fenced to provide secure outdoor use areas that permit outdoor activities in safe and private spaces. PROJECT DESCRIPTION As noted earlier, the proposed Madrona Recovery Center will be a licensed adolescent mental health and substance use disorder treatment facility. This facility is designed to provide short term inpatient treatment that will prevent patients from entering higher levels of care. The program goal is to provide short-term, high-quality, trauma-informed care that will stabilize youth, educate their families, and assist them to bridge their care from an inpatient to an outpatient setting. Adolescents 13-17 years of age with mental health and substance use disorders will receive care for 14-21 days in a secure and stabilized environment. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 2 of 4 The facility will be staffed by therapists, milieu counselors (mental health techs), nursing team and psychiatrist who specialize in working with adolescents and their families. With an overall staff of 32-35 people providing 24/7 care, the average number of staff per shift is about 10. The existing buildings will be remodeled to answer the programming needs of the facility. Accommodations within the building will include lobby, offices, kitchen, dining, patient rooms, restrooms, fitness, activity, and ancillary spaces. A fenced outdoor area will be established to allow supervised outdoor activities for the patients. The facility will be secure and be able to provide treatment for up to 23 persons. DEVELOPMENT DETAILS As previously stated, the proposed property is currently developed with structures that allow for adaptive reuse. Medical Centers are permitted conditionally in the C-P zoning districts. The following information is provided help illustrate how the proposal meets the intent of the development standards found in the City of Tigard's Community Development Code. DEVELOPMENT STANDARDS FOR C-P: PROFESSIONAL/ADMINISTRATIVE COMMERCIAL DISTRICTS: MINIMUM DEVELOPMENT STANDARDS PROPOSED PROJECT LOT SIZE: Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each Project site approximately 42,530 square feet, bed over 15 beds. The proposed exceeding the minimum required. development plans for 23 beds, requiring a minimum lot size for 27,000 square feet. LOT WIDTH: Minimum lot width 50 feet. Property is irregularly shaped; however, the average width of the property is 132 feet. SETBACKS: The site is irregular is shape, the existing Front— no minimum in C-P, Medical Center is buildings provide varied setbacks. The 25 feet existing southern-most structure has a side or Side & Rear— no minimum side yard in C-P rear yard setback of 15 feet for its western zone unless adjacent to residential zoning facade. This structure also maintains a larger district, Medical Center is 25 feet. setbacks for other facades. The existing Each setback shall be increased five feet for northern structure provides a minimum of 25 every 10 feet of building height over 45 feet. feet and larger depending on facade and where the building sits in relation to property lines. Please see Existing Conditions Plan for more detail on building setbacks. BUILDING HEIGHT: Maximum building Height Existing structures are approximately 25 feet 45 feet. in height. SITE COVERAGE: Maximum site coverage Current site coverage is approximately 75%. 85%. Includes buildings and impervious There are no changes to the site coverage of surfaces. this lot with the proposal, no change is anticipated. LANDSCAPE: Minimum landscape Existing landscape area is 25% no change is requirement is 15%. anticipated with the proposal. Minimum requirement is exceeded. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 3 of 4 ACCESS: Development is accessed via a private road which is accessed from SW Varns Street. LANDSCAPING: The existing development has a mature landscape which is composed of a mix of trees, shrubs, and low growing plant material. An arborist has prepared an Urban Forestry Plan which provides detailed information about the species, location and condition of existing trees. While there is no specified buffer for our zone, the existing development does include a landscaped perimeter for the entire site, including parking. An 8 foot high fence is proposed in some areas adjacent to buildings to provide private outdoor activity areas for patients. One of the fenced yards will include a portion of the small lot adjacent to the east of the southern building. No structures are proposed for this small lot; however, a basketball hoop is planned for the existing paved area. RECYCLING: Recycling containers will be housed adjacent to solid waste refuse bins in the existing dumpster location. Please see Site Plan for exact location. PARKING: Minimum 2 spaces per 1,000 sfX 12,755 = 26 Maximum 2.7 spaces per 1,000 sf X 12,755 = 34 Total number of provided parking spaces that will be provided is 30, via a 22 space parking lot and 8 spaces accessed directly from the private road. Handicapped parking spaces will be provided as required. Please see Site Plan for location of handicapped parking spaces. Bicycle parking is provided as needed adjacent to northern building and can be accessed from the parking lot or pedestrian path that connects to both the private road and parking lot. Please see Site Plan for proposed location. CONCLUSION: We believe that the existing office complex is perfectly suited for Madrona Recovery Center's adaptive reuse proposal. Using existing building stock to provide this type of redevelopment meets the goals of the Tigard Comprehensive Plan. As do the employment opportunities that will be provided with temporary construction jobs during the remodel and long term professional positions for patient care and ancillary service needs. The existing commercial office complex has been vacant for more than two years, its location while ideal for our proposed use is less than desirable for businesses that rely on highly visible locations. The C-P zone is commercial and the proposed development, while medical in nature and services, is commercial therefore appropriate for this zoning district. The existing development is adequately served by public and private services. No negative impacts to surrounding developments or the community are anticipated with this proposal. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 P:503 480-8700 cbtwoarchitects.com Page 4 of 4 It is our opinion that this written narrative and the accompanying documents and plans provide City Staff the needed information to allow them to recommend approval of the requested Conditional Use. The Madrona Recovery Center's development team looks forward to working with the City of Tigard on this project. CB I Two Architects LLC I 500 Liberty St SE Suite 100 Salem,Oregon 97301 F':503 480-8700 cbtwoarchitects.com !Air&Y, •."-e-.7 _ " City of Tigard TIGARD Land Use Permit Application i to€R •; ' • .,•,. .. �'Nx.&}r,aP++.�`+#k'�Y'.A��ffdem.--,2a r«>- ..on-.,i*a^"h,7' +f ✓..e..at'-n .�' c.3^«- .y?ems..aifi`x ..as +€.wv �} `` APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. > This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. > Three(3)copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. ➢ Each packet must be collated. ➢ Plans are required to be a minimum of 24"x 36"or 22"x 34". ➢ Plans must be FOLDED,rolled plans are not accepted. Applicant Staff Documents,Copies and Fees Required - Completed Master"Land Use Permit"Application with property owner's signature or name `\ of agent and letter of authorization 1/' Title transfer instrument or grant deed U Written summary of proposal 7 Narrative demonstrating compliance with all applicable development standards and approval f/ . criteria(as specified in the Pre-Application Conference notes) Documentary evidence of Neighborhood Meeting:Neighborhood Meeting Affidavits of Posting&Mailing Notice,Minutes,Sign-in Sheets ✓ Service Provider Letter 1/ Impact Study per Section 18.390.040.B.2(e) i/ Copy of the Pre-Application Conference notes Filing Fee(see fee schedule) /,-f Preliminary Sight Distance Certification • Preliminary Storm Calculations ✓ • Arborist Report Corn/✓")rj _/i 4/.7i44 /) 4,y 1 ''e `( /' `I "- Traffic Report(if Required) / Maps or Plans (Plans must be at least 24"x 36") / ,...."-- Architectural Drawings (elevations&floor plans) Existing Conditions Map V Landscape Plan Preliminary Grading/Erosion Control Plan Preliminary Partition/Lot Line Adjustment Plan Preliminary Storm Drainage Plan Preliminary Utilities Plan Public Improvements/Streets Plan Site Development Plan Subdivision Preliminary Plat Map r Topography Map ✓. Tree Preservation/Mitigation Plan 1/ Vicinity Map > Once your application has been deemed substantially complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide envelopes (please see Request for 500'Property Owner Notification form). I:\CURPLN\Masters\Pre-Application Conference Packet\SubmittalRequirementsChecklist20150409.docx (updated:04/09/2015) ' City of Tigard TIGARD Land Use Application Detailed Submittal Checklist Please read this form carefully in conjunction with the notes provided to you at the pre-application conference. This checklist identifies detailed submittal requirements for a complete land use application. Once an application is deemed complete by Community Development staff,a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, 503.718.2421. Staff: Date: 1. BASIC INFORMATION Please refer to the"Land use applications basic submittal requirements"checklist for the basic submittal requirements. 2. SPECIAL STUDIES AND REPORTS Because of the nature of your project and/or the site you propose to develop,THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Arborist Report/Tree Assessment ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and soil bearing capacity ❑ Other 3. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow,legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 8v2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map Showing the location of the site in relation to: • Adjacent properties • Surrounding street system including nearby intersections 0 • Pedestrian ways and bikeways fl • Transit stops • Utility access 0 City of Tigard Land Use Application Checklist (I:\CURPLN\Masters\Pre-Application Conference Packet\Detailed Submittal Checklist.docx-Updated 3;25/13)1,11w 1 of 4 Existing Conditions Map Parcel boundaries,dimensions and gross area ❑ Contour lines(2'intervals for 0-10%slopes or 5'for slopes>10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ ♦ '(etlands ❑ Other site features: • Rock outcroppings ❑ • Trees with>_6"caliper measured 4'from ground level ❑ Location and type of noise sources ❑ Locations of existing structures and their uses ❑ Locations of existing utilities and easements ❑ Locations of existing dedicated right-of-ways ❑ Locations of driveways on adjacent properties and across the street 0 Subdivision Preliminary Plat Map The proposed name of the subdivision ❑ Vicinity map showing property's relationship to arterial and collector streets ❑ Names,addresses and telephone numbers of the owner,developer,engineer surveyor and designer(as applicable) ❑ Scale,north arrow and date ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land ❑ Contour lines related to a City-established benchmark at 2'intervals for 0-10%grades and 5'intervals for grades greater than 10% ❑ The purpose,location,type and size of all of the following(within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines 0 • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines(50,000 volts or greater) ❑ • Watercourses ❑ ♦ Deed reservations for parks,open spaces,pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures,and a statement of which structures are to remain after platting ❑ Supplemental information including: • Proposed deed restrictions(if any) ❑ • A proposed plan for provision of subdivision improvements ❑ Existing natural features including rock outcroppings,wetlands and marsh areas The proposed lot configurations,lot sizes and dimensions,and lot numbers. Where lots are to be used for purposes other than residential,it shall be indicated upon such lots ❑ If any of the foregoing information cannot practicably he shown on the preliminary plat,it shall be incorporated into a narrative and submitted with the application materials ❑ (:in of Tigard land Use Application Checklist (l:\CURPI,N\\fasters\Pre-Application Conference l'acket',l)ctailcd Submittal Cliecklist_does-Updated 3/25/13)l'age 2 of 4 Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel The owner's authorized agent 0 The map scale,north arrow and date 0 Proposed property lines 0 Description of parcel location and boundaries 0 Contour lines(2'intervals for slopes 0-10%or 5'for slopes>10%) Location,width and names of streets,easements and other public ways within and adjacent to the parcel 0 Location of all permanent buildings on and within 25'of all property lines 0 Location and width of all water courses 0 Location of any trees with 6"or greater caliper at 4'above ground level 0 All slopes greater than 25% 0 Location of existing and proposed utilities and utility easements Any applicable deed restrictions 0 Evidence that land partition will not preclude efficient future land division where applicable 0 Future street extension plan showing existing and potential street connections 0 Site Development Plan The proposed site and surrounding properties 0 Contour line intervals ❑ The locations,dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties fl ♦ Proposed streets or other public ways and easements on the site 0 ♦ Alternative routes of dead-end or proposed streets that require future extensions 0 The locations and dimensions of the following: ♦ Entrances and exits on the site 0 • Parking and circulation areas 0 • Loading and service areas 0 • Pedestrian and bicycle circulation 0 • Outdoor common areas 0 • Above ground utilities 0 • Trash and recyclable material areas 0 The locations,dimensions and setback distances of the following: • Existing permanent structures,improvements,utilities and easements which are located on the site and on adjacent property within 25'of the site 0 • Proposed structures,improvements,utilities and easements on the site 0 +► Sanitary sewer facilities 0 • Existing or proposed sewer reimbursement agreements ♦ Storm drainage facilities and analysis of downstream conditions 0 Locations and type(s)of outdoor lighting considering crime prevention techniques The locations of the following: • All areas to be landscaped 0 • Mailboxes 0 • Structures and their orientation 0 City of Tigard Land Use:Application Checklist (l:ACURPI.N\Masters\Pre-Application Conference Packet\Detailed Submittal Checklist.docs-Updated 3j 25 13)Page 3 of 4 • Urban Forestry Plan & Landscaping Location of trees to be removed 0 Location,size and species of existing plant materials 0 General location,size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil 0 ♦ Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences,buffer areas and screening ❑ Location of terraces,decks,shelters,play areas,and common open spaces ❑ Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision 0 Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines 0 Slope ratios ❑ Utilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system,showing pipe sizes and the locations of valves and meter sizes ❑ Fire hydrants(existing and proposed) ❑ Proposed fire protection system ❑ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location,width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines 0 Where applicable,location and estigiated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation Identification of the location,size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal 0 A protection program defining standards and methods to he used during and after construction 0 Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings Specify proposed location,size and height ❑ city of"Tigard land Use Application Checklist. (I:\CURPI.N',Mastrrs\Pre-Application t;onfercnec Packet\Detailed Submittal Chccklist.docx-Updatcd 3/25/13)Pagc 4 of 4